Federal Court “Sixties Scoop” Class Action

• May 15, 2018

  The settlement has been approved by the Federal Court. There is also a hearing to approve the settlement before the Ontario Superior Court of Justice on May 29 and 30, 2018. For more information visit the Sixties Scoop settlement website: www. sixtiesscoopsettlement.info

• April 19, 2018

  Copies of the plaintiffs’ motion record, brief, and book of authorities for the motion for settlement approval in the Federal Court are available here.

• February 22, 2018

  A settlement agreement has now been reached. For more information and to view a copy of the settlement, visit the Sixties Scoop settlement website https://www.sixtiesscoopsettlement.info/.

• October 5, 2017

  Koskie Minsky LLP in Toronto announces that survivors of the Sixties Scoop have entered into a pan-Canadian settlement with the Government of Canada. The settlement between Sixties Scoop survivors and Canada will create a foundation funded by Canada to enable change and reconciliation, access to education, healing and wellness, and to commemorate activities for communities and individuals. The foundation will be funded with at least $50 million dollars. The settlement will also provide compensation to all “Indians” (as defined in the Indian Act as those registered or entitled to be registered as Indian) and “Inuit” persons who were removed from their homes in Canada from 1951 to 1991 and placed in the care of non-Indigenous foster or adoptive parents. The settlement provides that Canada will pay at minimum $500 million and at maximum $750 million to qualified claimants.

• June 29, 2017

  A carriage motion has been scheduled in this matter for October 17-18, 2017 in Vancouver before Justice Manson.

• April 24, 2017

  Following a case conference on April 21, 2017, today Justice Manson, as case management judge, issued a direction for a future carriage motion in this matter. No hearing date has been set yet, but counsel for the plaintiff in White v. Canada has been ordered to serve and file its notice of motion for carriage and supporting affidavits by May 26, 2017. Responding affidavits will be due by June 20, 2017. The parties will then seek to reconvene with Justice Manson by June 30, 2017 to discuss next steps in the carriage motion schedule.

• March 2, 2017

  The Plaintiff issued the Statement of Claim today in Federal Court. A copy can be found here.

Show All

• March 2, 2017 Koskie Minsky Brings “Sixties Scoop” Class Action in the Federal Court of Canada

• March 1, 2017 Statement of Claim to the Defendant
• April 19, 2018 Memorandum of Fact and Law (Plaintiffs)
• April 19, 2018 Motion Record Vol 1 of 6
• April 19, 2018 Motion Record Vol 2 of 6
• April 19, 2018 Motion Record Vol 3 of 6
• April 19, 2018 Motion Record Vol 4 of 6
• April 19, 2018 Motion Record Vol 5 of 6
• April 19, 2018 Motion Record Vol 6 of 6

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Can I opt out of a class action and pursue independent legal action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Will there be any cost to class members for legal fees?

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

I still have questions…

Please feel to contact us by using the contact information on this site.

Tollfree: 1 855 595 2626

Email: federalcourt60sscoopclassaction@kmlaw.ca