- Parties: The plaintiffs were Jessy Timothy Rose and Lee Mitchell. The defendant was the Province of New Brunswick. 

- Subject Matter: The plaintiffs filed two motions. They requested an order approving the settlement agreement that the parties reached in this class action and an order approving the proposed disbursement of legal fees to class counsel. They alleged that the common experience, physical injury, and psychological injury payments were fair and reasonable and that the agreement’s terms and conditions ensured a purposeful and clear distribution process. 

- Ruling: The court ruled in the plaintiffs’ favour and granted their motions. The court approved the settlement agreement under the following terms: the gross settlement amount was $1,275,000 (allocated at a common experience payment of $810,000; a physical injury payment of $115,000; a psychological injury payment of $200,000; a contribution towards costs and disbursements of $25,000; and claims administration expenses of $125,000). The court said it would be valuable to the class members for the matter to be settled and for compensation to be quickly available to them. The court approved the requested legal fees and disbursements, with fees of $344,155.83 plus HST of $51,623.37, and disbursements of $2,813.96. The court approved $5,000 in honorarium payments for both representative plaintiffs. 

- Date: The court released its decision on Nov. 28, 2024. 

- Venue: This was a case before the Court of King’s Bench of New Brunswick. 

- Amount: No financial award was specified.