VOLUME 1 OF 6 Exhibit B - Exhibit C - Exhibit D ......Tab Description Page No. VOLUME 1 OF 6 1....
Transcript of VOLUME 1 OF 6 Exhibit B - Exhibit C - Exhibit D ......Tab Description Page No. VOLUME 1 OF 6 1....
Tab Description Page No.
VOLUME 1 OF 6
1. Notice of Motion dated April 18, 2018 1
2. Affidavit of Catriona Charlie sworn March 29, 2018 9
Exhibit "A" - Retainer and Contingency Fee agreement dated June12, 2017
20
Exhibit "B" - Statement of the Honourable Carolyn Bennett releasedFebruary 1, 2017
23
Exhibit "C" - News release dated October 6, 2017 26
Exhibit "D" - Settlement Agreement dated November 30, 2017 30
3. Affidavit of Wendy White sworn April 5, 2018 77
Exhibit "A" - Contingency Retainer Agreement dated February 28,2017
82
4. Affidavit of Maggie Blue Waters sworn April 9, 2018 91
Exhibit "A" - List of MLG appearances in courts from St. John's toVictoria
131
Exhibit "B" - Picture of E.F.A. Merchant, Q.C. 148
Exhibit "C" - Wall mounting of two eagle feathers presented toE.F.A. Merchant
150
5. Affidavit of Martin Reiher sworn April 12, 2018 152
Exhibit "A" - Mandate letter dated October 4, 2017 160
Exhibit "B" - Truth and Reconciliation Commission of Canada:Calls to Action
169
6. Affidavit of David Rosenfeld sworn April 18, 2018 184
Exhibit "1" - Statement of Claim dated February 9, 2009 (Brown v.Canada, Court File No. CV-09-00372025-CP)
229
Exhibit "2" - Fresh as Amended Statement of Claim dated July 29,2015 (Brown v. Canada, Court File No. CV-09-00372025-CP)
241
Exhibit "3" - Reasons of Perell J. dated May 26, 2010 (Brown v.Canada, Court File No. CV-09-00372025-CP)
259
Exhibit "4" - Order of Perell J. dated May 26, 2010 (Brown v.Canada, Court File No. CV-09-00372025-CP)
328
Exhibit "5" - Reasons of Cunningham A.C.J., Pardu and MulliganJJ. dated December 28, 2011 (Brown v. Canada, Court
333
- 2 -
Tab Description Page No.
File No. CV-09-00372025-CP)
Exhibit "6" - Reasons of Rosenberg, Gillese and Tulloch JJ.A. datedJanuary 17, 2013 (Brown v. Canada, Court File No.CV-09-00372025-CP)
339
Exhibit "7" - Reasons of of Belobaba J. dated September 27, 2013(Brown v. Canada, Court File No. CV-09-00372025-CP)
367
VOLUME 2 OF 6
Exhibit "8" - Order of Belobaba J. dated September 27, 2013(Brown v. Canada, Court File No. CV-09-00372025-CP)
394
Exhibit "9" - Endorsement of Matheson J. dated March 11, 2014(Brown v. Canada, Court File No. CV-09-00372025-CP)
398
Exhibit "10" - Reasons of Nordheimer J., Sachs J. and Pomerance J.dated December 2, 2014 (Brown v. Canada, Court FileNo. CV-09-00372025-CP)
405
Exhibit "11" - Order of Nordheimer J., Sachs J. and Pomerance J.dated December 2, 2014 (Brown v. Canada, Court FileNo. CV-09-00372025-CP)
422
Exhibit "12" - Amended Statement of Defence filed September 29,2015 (Brown v. Canada, Court File No. CV-09-00372025-CP)
426
Exhibit "13" - Reasons of Belobaba J. dated February 14, 2017 444
Exhibit "14" - Motion record (damages assessment motion) (Brownv. Canada, Court File No. CV-09-00372025-CP)
466
VOLUME 3 OF 6
Exhibit "14" – Motion record (damages assessment motion) (Brownv. Canada, Court File No. CV-09-00372025-CP)
802
Exhibit "15" - Letter dated June 9, 2017 to Belobaba J. withenclosure
1111
Exhibit "16" - Statement of Claim dated April 20, 2009 (Thompson etal. v. Manitoba, Court File Number CI-09-01-60921)
1115
Exhibit "17" - Statement of Claim dated March 13, 2015 Thompsonet al. v. Manitoba, Court File Number CI-15-01-94427)
1150
- 3 -
Tab Description Page No.
Exhibit "18" - Letter dated March 2, 2016 of Perlmutter A.C.J. 1178
Exhibit "19" - Letter dated March 15, 2016 from Koskie Minsky LLPand Troniak Law to Perlmutter A.C.J.
1180
Exhibit "20" - Letter dated March 16, 2016 to Koskie Minsky LLPand Troniak Law from Perlmutter A.C.J.
1183
VOLUME 4 OF 6
Exhibit "21" - Statement of Claim dated April 20, 2016 (Meeches etal. v. Canada, Court File No. CI-16-01-01540)
1185
Exhibit "22" - Letter dated April 21, 2016 from Koskie Minsky LLPand Troniak Law to Edmond J.
1202
Exhibit "23" - Order of Edmond J. dated August 24, 2016 1206
Exhibit "24" - Reasons of Edmond J. dated August 24, 2016 1211
Exhibit "25" - Notice of Appeal dated September 6, 2016 (Thompsonet al. v. Manitoba, Court File Number CI-15-01-94427)
1239
Exhibit "26" - Case management memorandum of Edmond J.October 3, 2016
1249
Exhibit "27" - Amended Statement of Claim dated October 27, 2016(Meeches et al. v. Canada, Court File No. CI-16-01-01540)
1253
Exhibit "28" - Case management memorandum of Edmond J. datedNovember 15, 2016
1270
Exhibit "29" - Reasons of the Manitoba Court of Appeal dated July21, 2017
1275
Exhibit "30" - Letter dated October 10, 2017 from Koskie MinskyLLP to Edmond J.
1302
Exhibit "31" - Statement of Claim dated August 22, 2011 (Thompsonv. Canada, Court File No. QBG 1642/11)
1304
Exhibit "32" - Statement of Claim dated December 17, 2014 (BlueWaters v. Saskatchewan et al., Court File No. QBG2635/14)
1323
Exhibit "33" - Fiat dated September 27, 2016 of Popescul C.J. 1342
Exhibit "34" - Statement of Claim dated October 7, 2016 (Ash v.Attorney General of Canada, Court File No. QBG2487/16)
1344
Exhibit "35" - Letter dated October 13, 2016 from Koskie Minsky 1356
- 4 -
Tab Description Page No.
LLP and Sunchild Law to Popescul J.
Exhibit "36" - Letter dated October 31, 2016 from Koskie MinskyLLP and Sunchild Law to Keene J.
1359
Exhibit "37" - Email dated November 8, 2016 of Bev McDonald toCounsel
1363
Exhibit "38" - Fiat dated November 16, 2016 of Keene J. 1366
Exhibit "39" - Fiat dated March 1, 2017 of Keene J. 1368
Exhibit "40" - Notice of Appeal dated March 9, 2017 (Blue v.Attorney General of Canada, Court File No. QBG2635/14, Ash v. Attorney General of Canada, CourtFile No. QBG 2487/16)
1370
Exhibit "41" - Notice of Motion to Quash Appeal dated May 18,2017 (Blue v. Attorney General of Canada, Court FileNo. QBG 2635/14, Ash v. Attorney General ofCanada, Court File No. QBG 2487/16)
1378
Exhibit "42" - Letter dated July 24, 2017 from Koskie Minsky LLPto Keene J. (Ash v. Attorney General of Canada, CourtFile No. QBG 2487/16)
1383
Exhibit "43" - Notice of Abandonment dated August 17, 2017 (Bluev. Attorney General of Canada, Court File No. QBG2635/14, Ash v. Attorney General of Canada, CourtFile No. QBG 2487/16)
1411
Exhibit "44" - Order dated August 22, 2017 of Keene J. 1414
Exhibit "45" - Email of Bev McDonald to Counsel dated August 23,2017
1416
Exhibit "46" - Letter dated September 8, 2017 of Jai Singh to EleanorSunchild
1418
Exhibit "47" - Letter dated September 14, 2017 of Koskie MinskyLLP to Keene J.
1420
Exhibit "48" - Statement of Claim dated August 18, 2011 (Van Namev. Alberta et al., Court File No. 1101-11452)`
1422
Exhibit "49" - Certification Application dated January 15, 2016 (VanName v. Alberta et al., Court File No. 1101-11452)
1445
Exhibit "50" - Letter dated May 31, 2016 of Merchant Law Group toCourt of Queen's Bench Alberta
1452
Exhibit "51" - Statement of Claim dated October 6, 2016 (Glenn v.Canada, Court File No. 1601-13286)
1455
- 5 -
Tab Description Page No.
Exhibit "52" - Timetable leading to motion for carriage 1466
Exhibit "53" - Statement of Claim dated March 31, 2017 (Vogtmannet al. v. Attorney General of Canada, Court file No.1701-04509)
1469
Exhibit "54" - Letter dated April 6, 2017 from Stephen Bronstein toMacleod J.
1480
Exhibit "55" - Letter dated April 7, 2017 from Koskie Minsky LLPto Macleod J.
1483
Exhibit "56" - Statement of Claim dated June 23, 2017 (Bird v.Attorney General of Canada, Court File No. 1701-08523)
1486
Exhibit "57" - Letter dated July 7, 2017 from Koskie Minsky LLP toDD West LLP
1498
Exhibit "58" - Letter dated July 14, 2017 from DD West LLP toKoskie Minsky LLP
1501
VOLUME 5 OF 6
Exhibit "59" - Letter dated July 24, 2017 from Koskie Minsky LLPto Macleod J.
1503
Exhibit "60" - Letter dated August 4, 2017 from DD West LLP toMacleod J.
1531
Exhibit "61" - Letter dated August 9, 2017 from Macleod J. to DDWest LLP
1534
Exhibit "62" - Letter dated August 14, 2017 from Koskie MinskyLLP to Macleod J.
1536
Exhibit "63" - Letter dated August 18, 2017 from DD West LLP toMacleod J.
1538
Exhibit "64" - Letter dated August 21, 2017 from DD West LLP toCalgary Courts Centre
1560
Exhibit "65" - Letter dated August 22, 2017 from Koskie MinskyLLP to Court of Queen's Bench
1563
Exhibit "66" - Letter dated August 31, 2017 from DD West LLP toKoskie Minsky LLP and Merchant Law Group
1565
Exhibit "67" - Letter dated September 5, 2017 from Koskie MinskyLLP to Macleod J.
1568
Exhibit "68" - Letter dated September 20, 2017 from DD West LLPto Koskie Minsky LLP
1570
- 6 -
Tab Description Page No.
Exhibit "69" - Letter dated September 20, 2017 from Koskie MinskyLLP to DD West LLP
1573
Exhibit "70" - Amended Statement of Claim dated March 5, 2018(Hunt v. Alberta, Court File No. 1101-11452)
1575
Exhibit "71" - Statement of Claim dated May 30, 2017 (Russell v.Canada, Court File No. S-113566)
1600
Exhibit "72" - Statement of Claim dated December 16, 2016(Tanchak v. Her Majesty the Queen, Court File No.186178)
1616
Exhibit "73" - Statement of Claim dated March 24, 2017 (Jones v.Canada, Court File No. S-172776)
1629
Exhibit "74" - Statement of Claim dated December 6, 2016(Catherine Morrisseau v. Her Majesty the Queen et al,Court File No. CV-16-565598-00CP)
1641
Exhibit "75" - Statement of Claim dated November 24, 2017 (DarcyLongman (Hall) v Attorney General of Canada et al.,Court File No. QGB 1794 of 2017)
1659
Exhibit "76" - Statement of Claim dated December 7, 2017 (Mary-Ann Ward v The Attorney General of Canada et al.,Court File No. 500-06-000829-164)
1665
Exhibit "77" - Statement of Claim dated December 19, 2016 (LindaLou Flewin v Attorney General of Canada et al, CourtFile No. HFX No. 458720)
1688
Exhibit "78" - Statement of Claim dated October 20, 2017 (CharlesEshleman and Christine Mullin v. The AttorneyGeneral of Canada, et al., Court File No. 17-A0103)
1705
Exhibit "79" - Chart listing all of the extant sixties scoop classactions
1715
Exhibit "80" - Statement of Claim issued December 20, 2016 (Riddlev. HMQ, Court File No. T-2212-16)
1721
Exhibit "81" - Statement of Claim issued March 1, 2017 (WendyWhite v. Attorney General of Canada, Court File No.T-294-17)
1736
Exhibit "82" - Assignment Order dated March 17, 2017 1752
Exhibit "83" - Direction dated March 20, 2017 of Manson J. 1754
Exhibit "84" - Statement of Claim dated March 22, 2017 (Charlie v.HMQ, Court File No. T-421-17)
1756
- 7 -
Tab Description Page No.
Exhibit "85" - Direction dated March 27, 2017 of Manson J. 1772
Exhibit "86" - Direction dated April 21, 2017 of Manson J. 1774
Exhibit "87" - Letter dated March 22, 2017 of Merchant Law Groupto Federal Court, Vancouver
1776
Exhibit "88" - Letter dated April 27, 2017 of Koskie Minsky LLP toManson J.
1778
Exhibit "89" - Letter dated April 28, 2017 of Klein Lawyers toManson J.
1786
Exhibit "90" - Letter dated April 28, 2017 of Canada to FederalCourt, Ottawa
1790
Exhibit "91" - Letter dated May 1, 2017 of Merchant Law Group toFederal Court, Vancouver
1796
Exhibit "92" - Order dated May 1, 2017 of Manson J. re carriagetimetable
1799
Exhibit "93" - Order dated May 1, 2017 of Manson J. re Statement ofDefence
1802
Exhibit "94" - Order dated July 5, 2017 of Manson J. 1805
Exhibit "95" - Letter dated September 6, 2017 of Koskie MinskyLLP to Manson J.
1809
Exhibit "96" - Email dated September 6, 2017 of Koskie MinskyLLP to Manson J.
1811
Exhibit "97" - Statement of Claim dated September 19, 2017 (GloriaTopilikon and Theresa Doreen Stevens v. AttorneyGeneral of Canada, Court File No. T-1412-17)
1815
Exhibit "98" - Statement of Claim dated November 24, 2017 (VictorBird and Leona Paul v. The Attorney General ofCanada, Court File No. T-1811-17)
1829
VOLUME 6 OF 6
Exhibit "99" - Order dated January 10, 2018 of Crampton J. (VictorBird and Leona Paul v. The Attorney General ofCanada, Court File No. T-1811-17)
1842
Exhibit "100" - Statement issued by The Honourable Carolyn Bennettdated February 1, 2017
1844
Exhibit "101" - Order dated May 3, 2017 of Manson J. 1847
Exhibit "102" - Email dated May 4, 2017 of Canada to Counsel 1851
- 8 -
Tab Description Page No.
Exhibit "103" - Direction dated June 7, 2017 of Manson J. 1853
Exhibit "104" - Direction dated June 9, 2017 of Shore J. 1855
Exhibit "105" - Letter dated June 23, 2017 (incorrectly dated April 28,2017) of Canada to Shore J.
1857
Exhibit "106" - Email dated November 24, 2017 of DD West LLP toManson J. and Shore J. attaching motion material
1860
Exhibit "107" - Letter dated November 28, 2017 of DD West tovarious counsel
1907
Exhibit "108" - Order dated January 4, 2018 of Shore J. consolidatingaction
1910
Exhibit "109" - Order dated January 10, 2018 of Shore J. re Phase Inotice and Phase I notice plan
1928
Exhibit "110" - Order dated January 12, 2018 of Glustein J. (Brown v.Canada, Court File No. CV-09-00372025-00CP)
1956
Exhibit "111" - Email dated March 14, 2018 re Update on Notice Plan 1986
Exhibit "112" - Settlement Agreement executed November 30, 2017 1992
Exhibit "113" - Affidavit of Marcia Brown sworn March 23, 2018(Brown v. Canada, Court File No. CV-09-00372025-00CP)
2097
Exhibit "114" - Affidavit of Kenneth Denis Richard sworn March 20,2018 (Brown v. Canada, Court File No. CV-09-00372025-00CP)
2115
Exhibit "115" - Affidavit of Dr. Raven Sinclair sworn March 15, 2018(Brown v. Canada, Court File No. CV-09-00372025-00CP)
2175
7. Affidavit of Jessica Riddle sworn April 16, 2018 2193
Exhibit "A" - Affidavit of Kenneth Denis Richard sworn March 20,2018
2197
KM-3209143v2