J. Ptak

The representative plaintiffs moved for approval of a $10 million settlement in a class proceeding against the Crown regarding its alleged systemic negligence and breach of fiduciary duty toward former Crown wards.

The class alleged the Crown failed to pursue compensation for abuse they suffered.

Sixty former Crown wards objected to the settlement, arguing the compensation was inadequate and failed to address the actual harms suffered.

The court dismissed the motion, finding the settlement was not fair, reasonable, or in the best interests of the class, as it effectively abandoned the major claims for compensation and provided only minimal recovery after legal fees and administration costs.

Two organizations sought leave to intervene in a certification motion for a class proceeding brought on behalf of former residents of provincial training schools.

The plaintiff opposed the intervention.

The court dismissed the motion, finding that neither organization would provide assistance to the court at the certification stage beyond what the parties and past jurisprudence would bring.

The court noted that concerns regarding notice, participation, and compensation could be addressed by crafting an appropriate notice if the action is certified.