Judicial intervention was necessary in face of unauthorized modification of agreement contrary to parties' intentions

Supreme court | Aboriginal and Indigenous Law | Practice and procedure | Representative or class actions

Indian Residential Schools Settlement Agreement settled class actions by former students and provided Independent Assessment Process (IAP) to claim compensation for harms suffered at residential schools. Adjudicator denied claimant's claim and his appeals within IAP were dismissed on review and re-review. Claimant requested directions from Supervising Judge tasked with overseeing implementation of Agreement. Supervising Judge found adjudicator erred in interpreting IAP and remitted claim for re-adjudication. Canada successfully appealed to Court of Appeal, which held that Supervising Judge improperly intervened. Claimant appealed to Supreme Court of Canada. Appeal allowed. Claimant was entitled to judicial recourse. Supervising Judge properly identified failure to apply IAP Model in adjudication of claimant’s claim. Judicial intervention was necessary in the face of an unauthorized modification of the Agreement, contrary to parties' intentions. Failure to correct Adjudicator’s interpretation would unacceptably undermine purpose of Agreement.

J.W. v. Canada (Attorney General) (2019), 2019 CarswellMan 363, 2019 CarswellMan 364, 2019 SCC 20, 2019 CSC 20, Wagner C.J.C., Abella J., Moldaver J., Karakatsanis J., Côté J., Brown J., and Rowe J. (S.C.C.); reversed (2017), 2017 CarswellMan 247, 2017 MBCA 54, Michel A. Monnin J.A., Holly C. Beard J.A., and Janice L. leMaistre J.A. (Man. C.A.).


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Refugee lawyers speak out on federal election campaign rhetoric

Employees of Aboriginal Legal Services join major union

Pro Bono Ontario to rename Ottawa help centre after David Scott

Chasm in opinions remains after statement of principles repeal

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters