Waldron v. Canada (Attorney General)
JESSIE WALDRON
Law Firm / Organization
CHS Law Professional Corp.
Lawyer(s)

Carl H. Swenson

Law Firm / Organization
Bergerman Smith LLP
Lawyer(s)

Nicolas Racine

- Parties: The appellant was Jessie Waldron. The respondents were His Majesty the King in Right of Canada as represented by the Attorney General of Canada, Garry Leslie Mclean, Roger Augustine, Claudette Commanda, Angela Elizabeth Simone Sampson, Margaret Anne Swan, and Mariette Lucille Buckshot.

- Subject Matter: The appellant moved to require the claims administrator under the McLean Federal Indian Day School Settlement Agreement (IDSSA) to consider further documentation of abuse that she submitted after the filing of her original claim for compensation and moved to increase the level of compensation to which she was entitled. The supervising judge dismissed the appellant’s motion. The appellant challenged this decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. It concluded that the supervising judge committed an extricable error of law in his interpretation of the IDSSA by impermissibly taking into account both the subjective intentions of the parties and their post-contract conduct when this case did not meet the prerequisites for doing so. The appeal court then read the IDSSA as a whole and found ample indications in the agreement’s text that it did not contemplate claimants amending their claims or providing progressive disclosure. The factual matrix also favoured this interpretation, the appeal court added.

- Date: The hearing was set on Mar. 29, 2023. The court released its decision on Jan. 5, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-300-21
Aboriginal law
$ 0
Respondent
09 November 2021