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- Parties: The representative plaintiffs were Reginald Percival, Allan Medrick McKay, Iona Teena McKay, and Lorna Watts. The Quebec subclass representative was Annie Irene Trapper Weistche. The defendant was His Majesty the King.
- Subject Matter: The underlying class proceeding concerned the Indian Boarding Home Program. The plaintiffs moved for the approval of class counsel fees and the award of honoraria.
- Ruling: The court ordered the defendant to pay the approved class counsel fees in line with the settlement agreement’s terms. The court considered all the applicable factors, particularly the risk that counsel took and the results achieved, to find the amount of class counsel fees fair and reasonable. The court noted a significant reduction in the risk element of this case compared with the risks inherent at the time of the institution of the Day Schools and Sixties Scoop cases (Riddle v Canada, 2018 FC 641, and McLean v Canada, 2019 FC 1075).
- Date: The hearing was set on Apr. 19, 2024. The court released its decision on Dec. 27, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded class counsel fees in the amount of $32.5 million, along with applicable taxes plus $174,818.39 in disbursements. The court also approved honoraria in the amount of $10,000 for the representative plaintiffs and the Quebec subclass representative, to be paid from the class counsel fees. Lastly, the court awarded no costs on this motion.
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Plaintiff
Defendant
Court
Federal CourtCase Number
T-1417-18Practice Area
Class actionsAmount
$ 32,684,818Winner
DefendantTrial Start Date
24 July 2018