Federal Court Decisions

Date: 20180726

Docket: T-2212-16

Citation: 2018 FC 905

Ottawa, Ontario, July 26, 2018

PRESENT:  The Honourable Mr. Justice Phelan

BETWEEN:

JESSICA RIDDLE, WENDY LEE WHITE, and CATRIONA CHARLIE

Plaintiffs

and

HER MAJESTY THE QUEEN

Defendant

ORDER

WHEREAS by Order of this Honourable Court dated May 11, 2018, this Court approved a Settlement Agreement between the Plaintiffs and the Defendants dated November 30, 2017 (the “Settlement Approval Order);

AND WHEREAS the Settlement Approval Order states that a complete, significant, and detailed review must take place in regard to the Administrator for all eventual work pertaining to the Administrator’s responsibilities, to ensure accurate and effective, wide dissemination of meaningful and pertinent information to the attention of all those who have gone through the “Sixties Scoop” and heirs to those who have been subjected to the “Sixties Scoop” as specified in the Settlement; and, in addition, to supervise and monitor all future work that must be carried out by the Administrator as it pertains to individual payments to Class Members, heirs and others as respectfully specified in the Settlement who will be part of the Exceptions category;

UPON HEARING the motion made by the Plaintiffs, on consent, for an order appointing a Claims Administration Monitor;

AND UPON BEING ADVISED of the Defendant's consent to the form of this Order;

AND UPON HEARING the oral submissions of counsel for the Plaintiffs and counsel for the Defendant;

THIS COURT ORDERS THAT:

1. CA2 Inc. shall be and is hereby appointed as Claims Administrator Monitor and CA2 Inc.'s proposal to serve as Claims Administrator Monitor attached hereto as Schedule “A” shall be and is hereby approved.

2. CA2 Inc. shall not have any interest in Collectiva Class Action Services Inc. at any time during its appointment as Claims Administrator Monitor or during Collectiva Class Action Services Inc.'s administration of the Sixties Scoop Settlement.

3. CA2 Inc. shall report to the Federal Court no less than every six (6) months from the date of its appointment on the status of monitoring of the claims administration until the final completion of the administration of the settlement.

4. Any disputes between CA2 Inc. and Collectiva Class Action Services Inc. shall be resolved by this case management judge.

5. The fees of CA2 Inc. shall be approved by the Exceptions Committee and paid by Her Majesty the Queen in accordance with CA2 Inc.'s proposal.

“Michael L. Phelan”

 

SCHEDULE “A”