Heyder v. Canada (Attorney General), 2020 FC 1015

Date: 20201029

Dockets: T-2111-16

T-460-17

Citation: 2020 FC 1015

Ottawa, Ontario, October 29, 2020

PRESENT:  The Honourable Mr. Justice Fothergill

Docket: T-2111-16

BETWEEN:

SHERRY HEYDER

AMY GRAHAM

NADINE SCHULTZ-NIELSEN

Plaintiffs

and

THE ATTORNEY GENERAL OF CANADA

Defendant

Docket: T-460-17

AND BETWEEN:

LARRY BEATTIE

Plaintiff

and

THE ATTORNEY GENERAL OF CANADA

Defendant

PUBLIC ORDER

(Approval of Third Supplementary Agreement)

UPON the motion made in writing by the Plaintiffs for an order approving the public and confidential versions of the Third Supplementary Agreement, revoking the appointment of the previous Associate Lead Assessor, appointing a new Associate Lead Assessor, and appointing a roster of Assessors;

AND UPON reading the Plaintiffs’ motion record;

AND UPON being informed of the Defendant’s consent to the proposed form of Order;

AND UPON being satisfied that it is in the interests of justice to grant the relief sought;

THIS COURT ORDERS that:

1. The terms of the Third Supplementary Agreement between the parties, entered into on September 24, 2020, including its Schedules, as attached at Schedule “A” to this Order, are approved;

2. The appointment of Michelle Flaherty to the position of Associate Lead Assessor pursuant to the Second Supplementary Agreement between the parties, and approved by this Court by Order dated February 21, 2020, is revoked;

3. Emily McCarthy is appointed to the position of Associate Lead Assessor. The appointment of the Associate Lead Assessor shall be subject to the terms of appointment set out in Schedule “D” to the Third Supplementary Agreement which forms part of this Order, and she shall be paid in accordance with the rates set out therein;

4. The following individuals are appointed as Roster Assessors. The appointment of each Roster Assessor shall be subject to the terms of appointment set out in Schedule “B” to the Third Supplementary Agreement which forms part of this Order, and each of the Roster Assessors shall be paid in accordance with the rates set out therein;

1. Constance Backhouse

2. Johanne Cavé

3. Brian Eyolfson

4. Christie Jefferson

5. Kathleen Keating

6. Margaret Leighton

7. Wesley Marsden

8. Beverly Moore

9. Patricia O’Connor

10. Naomi Overend

11. Philippe Patry

12. Susan Ross

13. Jay Sengupta

5. No person may bring any action or take any proceeding against the Lead Assessor, Associate Lead Assessor, or any of the Roster Assessors, or any of their employees, agents, partners, associates, representatives, successors, or assigns, for any matter in any way relating to the Final Settlement Agreement, the Supplementary Agreement, the Second Supplementary Agreement and/or the Third Supplementary Agreement or the implementation thereof, except with leave of this Court on notice to all affected parties.

“Simon Fothergill”