McLean v. Canada (Attorney General), 2019 FC 1075

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2019 FC 1075
Date19 August 2019
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14 practice notes
  • Hébert v. Wenham, 2020 FCA 186
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...New Home Warranty Program v. Chevron Chemical Co. (1999), 46 O.R. (3d) 130, 37 C.P.C. (4th) 175 (S.C.J.) at para. 89; McLean v. Canada, 2019 FC 1075 at paras. 76-77. As a result, it can be set aside only for palpable and overriding error. [12] The standard of palpable and overriding is seld......
  • Jack v. McLean, 2020 FCA 180
    • Canada
    • Court of Appeal (Canada)
    • October 23, 2020
    ...in a class action brought to compensate survivors of Indian Day Schools (2019 FC 1076; see also Reasons for approval of the settlement, 2019 FC 1075 and for approval of fees payable to class counsel, 2019 FC 1077). The appellants were proposed class counsel in a previous proposed class acti......
  • Lin v. Airbnb, Inc.,
    • Canada
    • Federal Court (Canada)
    • November 19, 2021
    ...Inc, 2021 FC 113 [Bernlohr] at para 12; Wenham v Canada (Attorney General), 2020 FC 588 [Wenham 1] at para 48; McLean v Canada, 2019 FC 1075 [McLean 1] at paras 64-65). [22] The factors to be considered in the analysis have been reiterated by the Court on several occasions (Bernlohr at para......
  • McLean v. Canada (Attorney General), 2023 FC 1093
    • Canada
    • Federal Court (Canada)
    • August 10, 2023
    ...and 2017, whose estates are entitled to make claims. [19] My colleague Justice Michael Phelan approved the Agreement: McLean v Canada, 2019 FC 1075. He found that the Agreement, despite the objections and its alleged shortcomings, was fair and reasonable. He noted that the claims process wa......
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18 cases
  • Waldron v. Canada, 2024 FCA 2
    • Canada
    • Court of Appeal (Canada)
    • January 5, 2024
    ...approved the IDSSA, including the claims process and a draft claim form. In giving his approval, he described the IDSSA (McLean v. Canada, 2019 FC 1075 at para. 1) as “the culmination of litigation concerning tragic, scarring events in the lives of those who attended Indian Day Schoo......
  • IRENE BRECKON ET AL. v CERMAQ CANADA LTD. ET AL., 2024 FC 225
    • Canada
    • Federal Court (Canada)
    • February 9, 2024
    ...Performance Inc, 2021 FC 113 at para 12 [Bernlohr]; Wenham v Canada (Attorney General), 2020 FC 588 at para 48 [Wenham]; McLean v Canada, 2019 FC 1075 at paras 64–65 [28] The factors to be considered in the analysis have been reiterated by the Court on several occasions (Moushoom v C......
  • Hébert v. Wenham, 2020 FCA 186
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...New Home Warranty Program v. Chevron Chemical Co. (1999), 46 O.R. (3d) 130, 37 C.P.C. (4th) 175 (S.C.J.) at para. 89; McLean v. Canada, 2019 FC 1075 at paras. 76-77. As a result, it can be set aside only for palpable and overriding error. [12] The standard of palpable and overriding is seld......
  • Moushoom v. Canada (Attorney General), 2023 FC 1533
    • Canada
    • Federal Court (Canada)
    • November 20, 2023
    ... 2020 FC 588 at para 51, aff’d 2020 FCA 186 , leave to appeal ref’d [2021] SCCA No 2; McLean v Canada (Attorney General), 2019 FC 1075 at para 76; Merlo v Canada, 2017 FC 533 at para [55] In assessing whether a settlement meets this standard, this Court may take into accou......
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