Travis Henderson

The plaintiffs brought a motion for Court approval of the Fee Agreement reached in relation to the partial settlement of the Day Scholars class proceeding.

Unlike many class actions, Class Counsel worked on a fee-for-service basis rather than a contingency agreement.

The Court found the proposed fees, which included an $8.3 million payment for past fees, to be fair and reasonable given the exceptional results achieved, the complexity of the litigation, and the significant time expended.

The Court also approved $15,000 honoraria payments to the Representative Plaintiffs for their extraordinary efforts and personal sacrifices.

The plaintiffs brought a motion on consent to certify a class action on behalf of Métis and non-status Indigenous persons who were placed in the care of non-Indigenous foster or adoptive parents and lost their Indigenous identity, following the 60s Scoop class action.

The Federal Court found the mandatory requirements of Rule 334.16 of the Federal Courts Rules were met, noting that the claim disclosed a cause of action, proposed an identifiable class and common questions, and that a national class proceeding was the preferred procedure.

The Court granted the motion to certify the class action.