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ARTICLE · 02 OCTOBER 2023

The Importance Of Precise Settlement Agreements In Class Actions: McLean v. Canada (Attorney General)

McCarthy Tétrault
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In McLean v Canada (Attorney General), 2023 FC 1093, the Federal Court refused to extend the deadline for survivors of Indian Day Schools to file claims for compensation under a class action settlement agreement.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Cassidy Bishop
Cassidy Bishop
Riley M. Thackray
Riley M. Thackray
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In McLean v Canada (Attorney General), 2023 FC 1093, the Federal Court refused to extend the deadline for survivors of Indian Day Schools to file claims for compensation under a class action settlement agreement. McLean emphasizes the importance of clear and specific settlement terms, as the Court's supervisory jurisdiction cannot be used as a tool to modify settlements. Rather, Courts can only intervene in exceptional circumstances, such as where a settlement agreement has not been properly implemented.

Background

In 2018, the Federal Court certified a class proceeding on behalf of "all persons... who attended an Indian Day School" as well the survivor's family members. Canada and representatives of the survivors entered into a settlement agreement. In 2019, the Federal Court approved the settlement. Under the settlement agreement, class members had until July 13, 2022 to claim compensation. Individual claimants could request an extension for special reasons

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