Date: 20230121
Docket: T-1542-12
Citation: 2023 FC 106
Ottawa, Ontario, January 21, 2023
PRESENT: Madam Justice McDonald
CLASS PROCEEDING
BETWEEN:
CHIEF SHANE GOTTFRIEDSON, on behalf of the
TK’EMLUPS TE SECWÉPEMC INDIAN BAND and the
TK’EMLUPS TE SECWÉPEMC INDIAN BAND, and
CHIEF GARRY FESCHUK, on behalf of the SECHELT INDIAN BAND
and the SECHELT INDIAN BAND
Plaintiffs
and
HIS MAJESTY THE KING IN RIGHT OF CANADA
as represented by THE ATTORNEY GENERAL OF CANADA
Defendant
ORDER
UPON MOTION by the Plaintiffs for an Order approving the form and content of the notice of proposed settlement and settlement approval hearing (the “Notice”), approving the method of dissemination of the Notice (the “Notice Plan”), and approving the proposed correction to the list of Class Members;
AND UPON READING the Notice of Motion, and the Affidavit of W. Cory Wanless, sworn January 19, 2023;
AND UPON BEING ADVISED that the Defendant consents to this Order;
AND UPON hearing oral submissions on January 20, 2023;
THIS COURT ORDERS that:
The Order of Justice McDonald dated September 6, 2022 is hereby amended to correct the list of Band Class members (the “Class List”) in the form set out in Schedule “A”;
The Notice substantially in the form set out in Schedule “B” hereto is approved;
The Notice Plan set out in Schedule “C” hereto is approved;
The costs associated with the Notice Plan, including the costs of translating the Notices, shall be paid by the Defendant, regardless of whether the proposed settlement is approved, in an amount not to exceed $20,000;
Class Counsel shall disseminate the Notice to all Class Members on the Class List, in accordance with the Notice Plan;
Class Counsel shall receive any Class Member statements of support or objection that are delivered by 11:59 p.m. PDT on February 20, 2023, and shall deliver any statements of support or objection received to the Court and to the Defendant by February 22, 2023;
Class Counsel shall receive any Class Member requests to make oral submissions at the Settlement Approval Hearing that are delivered by 11:59 p.m. PDT on February 20, 2023, and shall inform the Court and the Defendant of any such requests by February 22, 2023;
No person may bring any action or take any proceeding against Class Counsel or any of their respective past and current officers, directors, employees, parents, subsidiaries, agents, partners, associates, representatives, predecessors, successors, beneficiaries or assigns for any matter in any way relating to the implementation of the terms of the Notice Plan; and
There shall be no costs of this Motion.
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"Ann Marie McDonald"
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Judge
Schedule “A”
Schedule “B”
Schedule “C”