W. David Rankin

The plaintiffs brought a motion on consent for a partial judgment to give effect to a settlement agreement regarding past annuities payable under the Robinson Huron Treaty of 1850.

The settlement resolves claims that the Crown failed to fulfill its promise to augment the annuity over time.

Under the agreement, the federal and provincial Crowns will pay $10 billion to the plaintiffs.

The court approved the settlement agreement and granted the partial judgment.

In a proposed class action, the defendants (Watchtower-Pennsylvania and Watchtower-New York, Inc.) successfully brought a preliminary motion to strike three affidavits filed by the plaintiff's counsel.

Following this, the defendants sought costs of $15,252.12.

The plaintiff argued the amount was excessive, citing the involvement of senior counsel and the defendants' refusal to engage in settlement discussions.

The court found the requested costs to be reasonable and awarded the full amount to the defendants, payable by the plaintiff within 30 days.

In a proposed class action regarding institutional sexual abuse, the foreign defendants brought a preliminary motion to strike three affidavits sworn by a partner of the plaintiff's law firm.

The affidavits were filed in support of a joinder motion and in opposition to a jurisdiction motion.

The court granted the motion to strike, finding that the affidavits improperly contained legal argument and personal opinions, violating the Rules of Civil Procedure.

Furthermore, the court held that the manner in which the evidence was presented created a disqualifying conflict of interest under the Rules of Professional Conduct, as the lawyer arguing the motion was the source of the contentious information in the affidavits.

The affidavits were struck with leave to deliver an unadorned Affidavit of Documents.