Federal Court Decisions

Date: 20191203

Docket: T-1499-16 Citation: 2019 FC 1539

Ottawa, Ontario, December 3, 2019

PRESENT:  The Honourable Mr. Justice Phelan

CLASS PROCEEDING

BETWEEN:

BRUCE WENHAM

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

ORDER

WHEREAS the Federal Court of Appeal certified this application as a class proceeding pursuant to its Judgment dated November 1, 2018;

WHEREAS the Applicant and the Respondent have entered into a Final Settlement Agreement dated October 22, 2019 [the Settlement Agreement] in respect of the claims of the Representative Applicant and the Class against the Respondent;

AND WHEREAS the parties will bring a motion to approve the Settlement Agreement and, to be heard at the same time, the Applicant will bring a motion for costs of the proceeding and Class Counsel will bring a motion for approval of its fees, disbursements and taxes [collectively the Settlement Approval Hearing];

AND WHEREAS the parties seek to provide notice to the Class of the Settlement Agreement and the Settlement Approval Hearing in the manner agreed to by the parties;

UPON BEING ADVISED of the parties’ consent to the form and content of this Order;

AND UPON READING the Plaintiffs’ motion record and written submissions;

THIS COURT ORDERS that:

1. The Settlement Approval Hearing (including the parties’ motion to approve the Settlement Agreement, the Applicant’s motion for costs and Class Counsel’s motion for approval of fees) shall be heard on February 26 and 27, 2020, at the Federal Court in Toronto, Ontario.

2. Notice of the Settlement Approval Hearing substantially in the English form attached as Schedule “A” and the French form attached as Schedule “B” to this Order [Notice of the Settlement Approval Hearing] are hereby approved.

3. Notice of the Settlement Approval Hearing shall be disseminated within ten (10) days of the issuance of this Order, as follows:

• a) by delivery by Class Counsel by regular mail and e-mail to the Class Members on the class list provided by the Respondent on March 7, 2019, pursuant to the Order of the Court of February 26, 2019;

• b) by forwarding by e-mail and regular mail to any person who requests it from Class Counsel or the Respondent;

• c) by being posted on Class Counsel’s website devoted to this proceeding: https://kmlaw.ca/cases/thalidomide-survivors-contribution-program-class-action/;

• d) by being posted prominently on the Health Canada website: https://www.canada.ca/en/health-canada/services/thalidomide-survivors-contribution-program.html and the CTSSP website: https://tsspcanada.ca/; and

• e) by being referenced in a press release to be issued via the CNW Group – Canadian Basic Network which press release shall advise of the Settlement Approval Hearing and direct the reader to Class Counsel’s website (paragraph 3(c) above) for a copy of the Notice of the Settlement Approval Hearing.

4. That the expenses of distributing the Notice of the Settlement Approval Hearing in accordance with paragraph 3 above shall be paid by the Respondent in accordance with section 3.02 of the Settlement Agreement.

5. Class members who wish to support or object to the Settlement Agreement or Class Counsel’s motion for approval of fees shall complete a participation form attached as Schedule “C” (the French participation form is attached as Schedule “D”) to this Order [Participation Form] and deliver it or have it be postmarked by February 12, 2020, by mail to Koskie Minsky LLP, 20 Queen Street West, Suite 900, Toronto, Ontario, M5H 3R3 or by e-mail to thalidomideclassaction@kmlaw.ca.

6. Any objections or Participation Forms postmarked or received by e-mail after February 12, 2020, shall not be filed with the Court or considered at the Settlement Approval Hearing without leave of the Court.

7. Class Counsel shall serve on the Respondent and file, by February 19, 2020, an affidavit including copies of all Participation Forms received or postmarked by February 12, 2020.

Blank	“Michael L. Phelan”
Blank	Judge