| Date: 20200327
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| Docket: T-2212-16
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| Citation: 2020 FC 453
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| Ottawa, Ontario, March 27, 2020
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| PRESENT: The Honourable Mr. Justice Phelan
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| BETWEEN:
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| JESSICA RIDDLE, WENDY LEE WHITE
AND CATRIONA CHARLIE
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| Plaintiffs
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| and
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| HER MAJESTY THE QUEEN
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| Defendant
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ORDER
UPON motion on consent for the reliefs specified in this Order;
AND UPON READING the Affidavit of Eric Khan;
AND UPON CONSIDERING the exigencies of the current pandemic and that the determination of the total number of eligible Class Members is taking more time than anticipated;
AND UPON CONSIDERING that the proposed method of distribution is a reasonable option in the current circumstances to give effect to the purpose of the Settlement to make payments to Class Members;
AND the Court having concluded that the relief is in the best interests of the Class as a whole and that any issues which may arise subsequently can be addressed at a later date if necessary;
THIS COURT ORDERS that:
The Defendant pay the Designated Amount ($500,000,000.00) to the Claims Administrator to be held in trust for Eligible Class Members.
The Claims Administrator commence paying Eligible Class Members the sum of $25,000.00 each, once more than 4,767 claimants’ applications have been fully and finally rejected without further opportunity for review or reconsideration.
Any interest earned on the amounts held in trust by the Claims Administrator be paid to the Sixties Scoop Healing Foundation in accordance with the terms of the Sixties Scoop Settlement Agreement.
Should fewer than 20,000 total claimants be determined to be Eligible Class Members, the surplus monies from the Designated Amount be distributed in such manner as further ordered by the Court.
Should greater than 20,000 claimants be determined to be Eligible Class Members, the Defendant pay additional monies to the Claims Administrator for distribution to Eligible Class Members in such manner as further ordered by the Court.
| Blank
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“Michael L. Phelan”
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| Blank
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Judge
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