2014 09 11 Affidavit Dull

8/11/2019 2014 09 11 Affidavit Dull

1/38

Form 39.08

2011

BETWEEN:

Hfx. N

SUPREME COURT

OF

NOVA SCOTIA

Court

JUNE ELWIN, HARRIET JOHNSON

and

DEANNA

AND

THE NOVA SCOTIA HOME FOR COLORED CHILDREN,

corporate and THE ATTORNEY GENERAL OF NOVA SC

representing Her Majesty the Queen

in

right

of

the Prov

Nova Scotia

DEF

Proceeding under the

Class Proceedings

t

S.N.S 2007, c. 2

Affidavit

of

Michael Dull

I, Michael Dull, make oath and give evidence as follows:

1. I am a lawyer associated with the firm of Wagners ( Class Couns

firm operating in the Halifax Regional Municipality, Province of Nova Scot

Counsel for the Plaintiffs and putative Class Members in the within proceed

2. I have personal knowledge of the evidence sworn to

in

this affida

where otherwise stated to

be

based on information or belief.

8/11/2019 2014 09 11 Affidavit Dull

2/38

4. I am providing this affidavit in support of the motion which will be

17thday of September, 2014 to approve the payment of Class Counse

for no other purpose.

Experience of Counsel

5. Raymond F. Wagner, Q.C. is counsel for the Plaintiffs. Mr. Wagne

and I do believe that he has a degree in law from Dalhousie Law Scho

called to the bar of Nova Scotia in 1979.

6. Our firm is class counsel in MacQueen et al. v. Attorney Gene

Scotia et al., a class action concerning the Sydney Tar Ponds, Morri

Attorney General of Nova Scotia et al., a certified class action concerniof long-term care facilities, Hemeon and Magee v. South West Di

Authority, a certified class action concerning privacy breaches, Tayl

Medical et al., a certified class action concerning defective hi

Bellefontaine et al. v. Purdue Pharma et al., a proposed class action co

medication OxyContin, Addicott et al. v. GlaxoSmithKline et al., a pro

action concerning the medication Avandia, Brown and Dee v. Gen

Canada et al., a proposed class action concerning ignition switch defect

v. Regional Health Authority 7 et al., a certified class action con

pathology issues at the Miramichi Regional Hospital in New Brunsw

Regional Health Authority B, a proposed class action concernin

sterilization procedures at the Miramichi Regional Hospital in New Br

well as a number of other proposed class action lawsuits.

7. Mr. Wagner has been involved with class action litigation for the

8/11/2019 2014 09 11 Affidavit Dull

3/38

Procedural History

8. I am informed by Mr. Wagner, and do verily believe, that Wagne

(Class Counsel) has been working to advance the allegations of abu

residents of the Nova Scotia Home for Colored Children (the NSHCC

1998.

9. Time records indicate that Class Counsel has been providing lega

the former residents of the NSHCC since approximately the 7 thday of Ja

10. Between 2001 and 2004, Class Counsel filed sixty-two indivi

against the NSHCC, the Attorney General of Nova Scotia (the Pro

various Childrens Aid Societies over allegations of abuse.

11. Each of the 62 actions was being advanced by Class Co

contingency basis. Attached hereto and marked as Exhibit A is a

Contingency Fee Agreement of Tracey Dorrington-Skinner which is an e

standard Contingency Fee Agreement signed by former residents.

12. Class Counsel carried out many pre-trial procedures on the ac

former residents between 2001 and 2012. These efforts were undertake

to the pre-filing work embarked upon between 1998 and 2001. S

procedures conducted between 2001 and 2012 include:

The filing of Notice of Actions and Statement of Claims

The gathering of relevant documentation concerning the former re

8/11/2019 2014 09 11 Affidavit Dull

4/38

Defending a 2003 motion to strike;

Receipt and review of filed Defences; Defending a 2006 motion for summary judgment;

Appealing a 2006 decision on summary judgment;

Receipt and review of individual Lists of Documents provi

defendants;

Assisting former residents through their discovery examinations;

Conducting discovery examinations of representative of the defen

Responding to a 2009 motion for summary judgment;

Appealing a 2009 decision on summary judgment;

Seeking leave to the Supreme Court of Canada;

Applying for reconsideration to seek leave to the Supreme Court o

The filing of three Request for Date Assignment Confer

attendance at such Conferences);

Advancing four separate motions for production.

13. The steps referenced in paragraph 13 highlight some of the civi

undertaken, but do not include years of additional work conducted by cl

including:

Regular written and oral communications with former residents;

Legal research and analysis;

Interviews with historical witnesses (former employees of the

former social workers involved with placement);

Consultation and retention of child welfare expert (standard of car

Consultation and retention of psychologists (damage experts);

8/11/2019 2014 09 11 Affidavit Dull

5/38

14. On February 7, 2011 Class Counsel filed a proposed class pr

behalf of former residents of the NSHCC. Following attendance at s

management conferences, Class Counsel filed a motion for certification

17, 2012.

15. The procedures referred to in paragraph 13 have resulted in th

and procurement of many thousands of pages of relevant documenta

documents are contained in thirty-six banker boxes within Class Cou

Because of the implied undertaking rule, these documents have not bee

in the class action.

16. The discovery examinations referred to in paragraph 13 have re

production of relevant historical information. Because of the implied unde

this information has not been produced in the class action.

17. In July 2011, Class Counsel wrote to the Nova Scotia Archives w

for documentation pertaining to the NSHCC with a request for

documentation pursuant to the Freedom of Information and Protectio

Act. In turn, Class Counsel was granted access to thousands o

documentation. I reviewed each such page. A small portion of these

filed in support of certification.

18. After an arms-length negotiation, Class Counsel reached a settleamount of $5,000,000.00, with the NSHCC. The settlement was found to

reasonable and in the best interests of the former residents and ultimate

by way of Order of the Honourable Justice Arthur LeBlanc dated July 11

8/11/2019 2014 09 11 Affidavit Dull

6/38

decision released December 12, 2013, the plaintiffs motion for cert

granted.

20. In late-2013 Class Counsel entered into arms-length negotiatio

Province On June 3, 2014 a settlement agreement was reached, both

to quantum of $29,000,000 and distribution. This settlement agreement w

be fair and reasonable and in the best interests of the claim. By order d

2014 the Settlement Agreement was approved.

21. I believe that the Settlement Agreement was achieved through t

Class Counsel over the past 16 years. Class Counsel consisted of a la

lawyers, paralegals, etc. Their names are as follows:

Raymond Wagner, Q.C.

Fiona Imrie, Q.C.

Sarah Harris

Brenda Roberts

Michael Dull

Anna Marie Butler

Denise Mentis-Smith

Mark Raftus

Loreatha Boehner

Lisa Wagner

Victor Lewin (paralegal)

Richard Crossman (paralegal)

Kelly Wasson (legal analyst)

Meaghan Gair (articled clerk)

8/11/2019 2014 09 11 Affidavit Dull

7/38

8/11/2019 2014 09 11 Affidavit Dull

8/38

The Reasonableness of Fees:

27. The Representative Plaintiffs, June Elwin, Harriet Johnson aSmith, have all entered into a contingency fee agreement with Class

explained the terms of the Agreements with each before they signed it.

28. On the 12th day of December, 2011, the Representative Plain

Smith, entered into an agreement with Class Counsel. A true cContingency Fee Agreement is attached hereto and marked as Exhibit

29. On the 5thday of April, 2012, the Representative Plaintiff, June E

into an agreement with Class Counsel. A true copy of the Conti

Agreement is attached hereto and marked as Exhibit C .

30. On the 11thday of June, 2013, the Representative Plaintiff, Harr

entered into an agreement with Class Counsel. A true copy of the Cont

Agreement is attached hereto and marked as Exhibit D .

31. On behalf of the class of former residents, the Representat

contracted with Class Counsel for work to be done on a contingency

Counsel was willing to undertake the work notwithstanding the risk tha

never be paid.

32. If the class proceeding were to resolve, the signed Conti

Agreements provide for legal fees to be calculated on a 25% fee of

million of the total settlement, 20% of the second $10 million and

additional amounts.

8/11/2019 2014 09 11 Affidavit Dull

9/38

25% of $10,000,000 = $2,500,000

20% of $10,000,000 = $2,000,000

15% of $14,000,000 = $2,100,000

TOTAL = $6,600,000

34. A fee of $6,600,000 represents 19.4% of the total settlement. I

this percentage-based fee is fair and reasonable and reflective of the w

the risk undertaken and the level of success achieved by Class Counsel

35. As noted above, Class Counsel have done substantial work for o

in advancing the allegations of abuse and neglect of former residents of

for no compensation to date.

36. Class Counsel have incurred significant disbursements (at their

prosecute the claims of abuse and neglect without reimbursement to dat

37. Class counsel have prosecuted the claims of abuse and

diligence and at a substantial risk, as Class Counsel would not have befees or disbursements should this action not have been settled or no

successful at trial.

38. I believe that the Settlement Agreement successfully negotiate

Counsel is very beneficial for hundreds of former residents of the NSCounsel negotiated and devised a Settlement Agreement that provide

friendly, restorative claims process for Class Members as compared to th

of lengthy delays and uncertainty should litigation continue.

8/11/2019 2014 09 11 Affidavit Dull

10/38

40. Time records kept by Class Counsel confirm that Class Couns

providing legal services to former residents of the NSHCC since appro

7thday of January 1998.

41. From the date of January 7, 1998 up to and including approx

2007, time spent was not generally recorded by Class Counsel (who w

on a contingency basis).

42. Fiona Imrie, Q.C., a previous lawyer who worked with Class C

heavily involved in the actions of the former residents. The contractual n

employment required Ms. Imrie to keep time records.

43. I have reviewed Ms. Imries time records in relation to her work o

of the former residents. Her time records commence on the 18thday of J

and conclude on the 31stday of December 2008.

44. I have attempted to estimate the time spent by Class Counsel on

former residents between 1999 to 2007 (before Class Counsel began toin detail). This estimation is based on (1) Ms. Imries time records, (2) a r

work product generated and procedures undertaken (and by who

conversations with my colleagues who performed work on the file fr

2007.

45. Class counsel commenced their recording of time in detail in late

reviewed the time records and believe them to be fairly accurate. I be

anything, the records understate the time actually spent in advancing t

8/11/2019 2014 09 11 Affidavit Dull

11/38

summary of the year-by-year time based fees calculation is attached

marked as Exhibit E .

47. Until the final distribution of the settlement funds, Class Couns

incur substantially more time over the next year, including, but not lim

assisting former residents through the claim process, (2) participating i

of the upcoming public inquiry process, (3) assisting former residents

public inquiry process, and (3) communicating with the claims adm

ensure the efficient distribution of the settlement fund. Should the perce

fee sought by Class Counsel be approved, Class Counsel will underta

work without further reimbursement.

48. Class Counsel will not seek fees or reimbursement from any indiv

resident who obtains compensation under the Settlement Agre

compensation awarded to class members will go directly into their

nothing owing to Class Counsel.

49. I make this affidavit in support of this motion for Class Counsel and for no other reason.

Sworn tobefore me )on the 11thday of September, )2014 at Halifax, Nova Scotia. )

))))))

8/11/2019 2014 09 11 Affidavit Dull

12/38

Form 39.09

2011 Hfx No. 343536

This is Exhibit A referred toin the

affidavit of Michael Dull, sworn before

me on the 11th day of September, 2014.

Signature

8/11/2019 2014 09 11 Affidavit Dull

13/38

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure

IN

THE

SUPREME COURT OF

NOV

A SCOTIA

BETWEEN:

TRACEY DORRINGTON SKINNER

PARTY

OF THE F

and

WAGNER ASSOCIATES

PARTY OF THE S

CONTINGENCY FEE GREEMENT

PART

I BACKGROUND

1

Tracey Dorrington - Skinner resides at 124 MacLean Str

Scotia and is hereinafter referred to as the client .

2 The Law PracticeofWagner Associates Inc., Barristers and

their principal place

of

business located at 1869 Upper Water Street, 3

House, Halifax,

Nova

Scotia, B3J 1S9, and are hereinafter referred to a

3

This agreement applies to sexual and/or physical abuse

8/11/2019 2014 09 11 Affidavit Dull

14/38

-2-

4. EFINITIONS

- This agreement covers many issues rel

relationship and fmancial arrangement. Some commonly used terms in

and their definitions are the following:

i annuity-

A contract for

payment of

periodic

amounts

(of

dama

the lifetime of he person

or

for fixed or guaranteed

ii contingent/contingency- Something whichis possible but uncertain an

the occurrence

of

a

future

uncertain

event.

iii costs - A money award given

to

the successful party in litigation for e

prosecuting or defending the action.

It

is

usually payable

by

iv

damages-

Money compensation awarded

to

a person

who

has

v disbursements - nout-of-pocket expense incurred to

move

the claim

vi

discovery examination - Recorded answers

to

oral questions und

side s lawyer

forming

the basis ofspoken e

vii) interest - Additional compensation awarded by the Court on to

to

reflect the fact the damages were payable to the Pl

the accident.

viii) mediation - Informal dispute resolution process in which a neut

mediator helps disputing parties to reach an

agreement

ix section B benefits -

x

structured settlement-

No fault benefits your own insurer pays

insurance contract

for

prescriptions, therap

income

reimbursement.

A means whereby damage awards are paid o

periodic payments rather than in one

lump

xi solicitor s fees - Compensation payable to the solicitor for services r

8/11/2019 2014 09 11 Affidavit Dull

15/38

-3-

solicitor in the percentages as stated in paragraphs 6 ,7

8

ii) The client will be responsible regardless of results for al

proper disbursements and expenses incurred by the solicitor. Dis

expenses paid by the solicitor will be invoiced to the client as soon as rea

after its payment. Repayment to the solicitor shall be made by the c

reasonably possible after invoicing.

iii) Other than for payment of all reasonable and proper di

expenses, no compensation other than the amounts collected by the sol

by the client excluding costs awarded against the client. Costs awarded

are the client's responsibility solely and do not form part of this Agree

iv) As expanded upon in the paragraphs to follow, before

are calculated, all reasonable disbursements and expenses will first e d

total award to arrive at a net figure.

PARTil PERCENTAGESRECOVERABLE

6. Reasonable contingent compensation is to be paid for s

by the solicitor.

f

the collected compensation is one hundred t

( 100,000.00) or less, the client shall pay, after all reasonable and prope

have been deducted, twenty-five percent (25%) of the collected com

8/11/2019 2014 09 11 Affidavit Dull

16/38

7.

f

he collected or awarded compensation exceeds one hu

dollars ( 100,000.00) but does not exceed three hundred thousand dollar

then the fees payable will be calculated by applying the percentages as no

6 on the first one hundred thousand dollars ( 100,000.00)

of

the collec

compensation after all reasonable disbursements and expenses have be

adding, depending on the stage

of

the proceedings,

as

set out in para

percent (20%), twenty-five percent (25%) or thirty-percent (30%) o

collected or awarded compensation that exceeds one hundred th

( 100,000.00) up to the figure

of

three hundred thousand dollars ( 300

8.

f

he collected

or

awarded compensation exceeds three h

dollars ( 300,000.00), then the fees payable will be calculated b

percentages as noted in paragraph 6 herein on the first one hundred th

( 100,000.00)

of

the collected

or

awarded compensation after

disbursements and expenses have been deducted and adding, depending

proceedings, in the same manner as indicated in paragraph

6

twenty

.-.twenty-five percent (25%)

or

t irty percent (30%) of the next two hu

dollars ( 200,000.00) of the collected or awarded compensation afte

disbursements and expenses have been deducted and adding, depending

the proceedings, in the same manner as noted in paragraph

6

fifteen

twenty percent (20%)

or

twenty-five percent (25%)

of

the balance

of

awarded compensation over three hundred thousand dollars ( 300,0

reasonable disbursements and expenses have been deducted.

8/11/2019 2014 09 11 Affidavit Dull

17/38

-5-

accepted by the client.

10. In the event that the defendant

or

his/her authorized agen

to settle, the solicitor will review the offer with the client and provide th

opinion. Should the client reject an offer which has been recommended

then such rejection

may be

taken

as

a serious loss

of

confidence between

the client which may justify the solicitor withdrawing legal services.

11. f he client:

(i) rejects an offer of settlement recommended by th

acceptable resolution

to

the matter;

(ii) or should the client refuse to co-operate in the lit

(iii)

or

should the client discharge the solicitor;

there shall

be

due to the solicitor the applicable percentage as outlined ab

of

settlement that has

been

made which represents a reasonable valuat

plus the reasonable disbursements and expenses paid by the solicitor in t

of he client's case; or, i f

no

offer has been made

or

a nominal or unreas

been made

then

reasonable disbursements and expenses paid

by

the soli

an amount equal

to

a reasonable representation of he time spent workin

file based upon the solicitor's hourly rate.

The

current hourly rates

whi

change without notice are: Raymond F. Wagner, three hundred a

( 350.00);

Anna

Marie Butler, two hundred

and

seventy-five dollars (

8/11/2019 2014 09 11 Affidavit Dull

18/38

-6-

without notice at a rate commensurate with their experience. In add

service taxes will be charged to the fees as set out in the governing legis

subject to adjustment from time to time.

P RT

V

MISCELL NEOUS

12.

The

collected or awarded compensation includes all dam

which the client is entitled

to

by law as well as interest and costs awar

the client.

s

noted above, before the percentages are calculated,

disbursements

and

expenses will

be

deducted from the total award to

figure.

13.

n

the event ofa structured settlement, the purchase valu

structured shall be

used

to calculate that component

of

the collec

compensation.

14.

lso included in the gross award is any Section B lu

secured by the solicitor not in the normal course

of

securing Section B

15.

The

Contingency Fee Agreement does not cover any app

or

the defendants

in

the proposed action.

16.

Harmonized Sales

Tax

will be applied in addition

to

8/11/2019 2014 09 11 Affidavit Dull

19/38

.

y

D TED thhP / day of/ lrf/ JJ f f A . D . ~ . 7 , at Halifax, in

Halifax, Province

o

Nova Scotia.

SIGNED, SEALED AND DELIVERED

2 = 0 ~

~ c ~ . : ~

WITNESS

r

' ~ ' t . - ,

,/

ASSO

I acknowledge receipt

o

a true copy

o

the Contingency Fee Agreeme

.

o

at Halifax, in the County

o

Halifax, Province

I acknowledge that I have been advised by Wagner Associates that

seek independent legal advice with respect to this Agreement prior

contract. ..

8/11/2019 2014 09 11 Affidavit Dull

20/38

Form 39.09

2011 Hfx No. 343536

This is Exhibit B referred toin the



Signature

8/11/2019 2014 09 11 Affidavit Dull

21/38

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Ru

BETWEEN

-and-

SUPREME COURT OF NOVA SCOTIA

DEANNA SMITH

PARTY OF THE F

THE

LAW

PRACTICE OF WAGNER ASSOCIAT

Known As WAGNERS

PARTY OF THE S

CONTINGENCY FEE AGREEMENT

PART I BACKGROUND

1. I Deanna Smith

o

the city

o

Calgary Province

o

Alberta h

employ the law firm o Wagners

as

my solicitors and hereby authorize th

Class.

Proceeding pursuant to the

Class Proceedings Act

S.N.S. 2007

c. 28.

2.

I agree that I will be named

as

Representative Plaintiff on beh

8/11/2019 2014 09 11 Affidavit Dull

22/38

'

conclusion. I authorize Wagners to take such actions and conduct such p

may

consider necessary or proper for the conduct of the proceeding.

3. I understand that this litigation is to be pursued on a continge

fees and disbursements with respect to th common issues w ll be payab

of success in the common law class proceeding.

4. I agree that for the purpose of this Contingency Fee Agreem

common

law

class proceeding includes:

(a) judgment on the common issues in favour

of

some or all class

(b) a settlement that benefits one or more class members.

5. I understand that Wagners shall be entitled to a legal fee, whic

the total value of any settlement or judgment to the class inclusive of an

understand that the above percentage will be calculated

on

a 25% fee of

or on any part thereof, 20%

of

the second $10 million or any part ther

additional amounts. I understand that

in

addition to any legal fee, Wagner

recover from any settlement or judgment all disbursements incurred alo

has accrued on such disbursements.

8/11/2019 2014 09 11 Affidavit Dull

23/38

number o individuals who were residents o the Nova Scotia Home for C

additional informationwhich comes to light during the course

o

the litigat

o

any settlement or judgment. By way

o

illustration only, I understand tha

a judgment o 25 million was awarded and upheld following any a

understand that the total legal fee payable to Wagners would be

5.25

milli

harmonized sales tax. I understand that the legal

fee

could be significant

amount or significantly higher th n this amount, depending upon the size

the class. I understand that in the event that no settlement or judgment res

will be payable.

7.

I understand that this Contingency Fee Agreement,

and

any fees

to the Contingency Fee Agreement, shall be subject to the approval o the C

8. I understand that this Contingency Fee Agreement may be rev

officer at the client's request and may either at the instance

o

the taxing o

be further reviewed by the Court, and either the taxing officer or the Court

or disallow the Contingency Fee Agreement.

9. I understand that this Contingency Fee Agreement shall enure

8/11/2019 2014 09 11 Affidavit Dull

24/38

I

: 11-d f\

{-r J(rPAy.

DATED

this Z day of ,,(;> II cR. A.D., 2011, at-Galgal:y, Province

SIGNED SEALED AND DELIVERED

In the presence

of

~ ~

DE NN

SMITH

I acknowledge receipt of a true copy of the Contingency Fee Agreement on the

.beCetr.ee .il.2011 at --{ l:::,(fA\1

Province

of-MBerW;.lDcJA _ CG7?

I acknowledge that I have been advised by Wagners that I have a right to seek

advice with respect to this Agreement prior to signing this contract.

~

E NN SMITH

8/11/2019 2014 09 11 Affidavit Dull

25/38

Form 39.09

2011 Hfx No. 343536

This is Exhibit C referred toin the



Signature

8/11/2019 2014 09 11 Affidavit Dull

26/38

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Ru

BETWEEN:

and

SUPREME

COURT

OF

NOV

A SCOTIA

JUNE ELWIN

PARTY

OF

THE

F

THE LAW PRACTICE OF WAGNER ASSOCIAT

Known

As

W AGNERS

PARTY

OF

THE

S


PART

I BACKGROUND

I June Elwin

o

the city

o

Whitby Province o Ontario h

employ the law firm

o

Wagners as my solicitors and hereby authorize th

Class Proceeding pursuant to the

Class Proceedings Act,

S.N.S. 2007

c.

28.

2.

I agree that I will be named as Representative Plaintiff on beh

who

have resided at the Nova Scotia Home for Coloured Children. As

8/11/2019 2014 09 11 Affidavit Dull

27/38

conclusion. I authorize Wagners to take such actions and conduct such pro

may consider necessary or proper for the conduct o the proceeding.

3. I understand that this litigation is to be pursued on a contingenc

fees

and

disbursements with respect to the common issues will be payable o

o

success in the common law class proceeding.

4.

I agree that for the purpose o this Contingency Fee Agreement

common law class proceeding includes:

a)

judgment on the common issues in favour

o

some or all class me

b) a settlement that benefits one or more class members.

5. I understand that Wagners shall be entitled to a legal fee, which i

the total value

o

any settlement or judgment to the class inclusive

o

any

understand that the above percentage will be calculated on a 25% fee o the

or on any part thereof, 20% o the second $10 million or any part thereof

additional amounts. I understand that in addition to any legal fee, Wagners sh

recover from any settlement or judgment all disbursements incurred along


8/11/2019 2014 09 11 Affidavit Dull

28/38

number o individuals who were residents o the Nova Scotia Home for Co

additional information which comes to light during the course o the litigatio

o

any settlement or judgment. By way

o

illustration only, I understand that

a judgment o 25 million was awarded and upheld following any an

understand that the total legal fee payable

to

Wagners would be 5.25 millio


fee

could be significantly

amount or significantly higher than this amount, depending upon the size o

the class. I understand that in the event that no settlement or judgment resu

will be payable.

7 I understand that this Contingency Fee Agreement, and any fees a

to the Contingency Fee Agreement, shall be subject

to

the approval o the Co

8

I understand that this Contingency Fee Agreement may be revie

officer

at

the client's request and may either at the instance

o

the taxing of

be further reviewed by the Court, and either the taxing officer or the Court m


9 I understand that this Contingency Fee Agreement shall enure

and be binding upon the parties hereto, their heirs, executors, administrator

8/11/2019 2014 09 11 Affidavit Dull

29/38

DATED

this

j._ 1

O .l.....;a

SIGNED SEALED AND DELIVERED

n

the presence of

A.D., 2012,

at l ~ d l : : J Province o

LWIN

~ d l

AGNERS

I acknowledge receipt of a true copy of the Contingency Fee Agreement on the

ri

2012

t ~ , Province of r\kic

LWIN

I acknowledge that I have been advised by Wagners that I have a right to seek i


A ~ ~

VESS

LWIN

8/11/2019 2014 09 11 Affidavit Dull

30/38

Form 39.09

2011 Hfx No. 343536

This is Exhibit D referred toin the



Signature

I\,\ f

8/11/2019 2014 09 11 Affidavit Dull

31/38

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure R

BETWEEN:

and

SUPREME COURT OF NOVA SCOTIA

HARRIET JOHNSON

PARTY OF THE F

THE LAW PRACTICE OF WAGNER ASSOCIAT

Known As WAGNERS

P RTYOFTHES


PART BACKGROUND

1 I, Harriet Johnson, o the city o Montreal, Province o Quebec,

employ the law

firm

o Wagners as my solicitors and hereby authorize t

Class Proceeding pursuant to the

Class Proceedings Act

S.N.S. 2007,

c

28.

2

I agree that I

will

be named

as

Representative Plaintiff on beh

who have resided at the Nova Scotia Home for Coloured Children. As

8/11/2019 2014 09 11 Affidavit Dull

32/38

conclusion. I authorize Wagners to take such actions and conduct such pro

may consider necessary or proper for the conduct

of

the proceeding.

3. I understand that this litigation is to be pursued on a contingency

fees and disbursements with respect to the common issues will be payable o

of

Success

in

the common law class proceeding.

4. I agree that for the purpose of this Contingency Fee Agreement

common law class proceeding includes:

(a) judgment

on

the common issues

in

favour

of

some or all class me

(b) a settlement that benefits one or more class members.

5

I understand that Wagners shall be entitled to a legal fee, which i

the total value

of

any settlement or judgment to the class inclusive

of

any

understand that the above percentage will be calculated

on

a 25% fee of the

or on any part thereof, 20% of the second $10 million or any part thereo

additional amounts. I understand that in addition to any legal fee, Wagners sh

recover from any settlement or judgment all disbursements incurred along


8/11/2019 2014 09 11 Affidavit Dull

33/38

number of individuals who were residents of the Nova Scotia Home for Co

additional information which comes to light during the course of the litigatio

of any settlement or judgment. By way of illustration only, I understand that

a judgment of 25 million was awarded and upheld following any an

understand that the total legal fee payable to Wagners would be 5.25 millio


fee

could be significantly

amount or significantly higher than this amount, depending upon the size o

the class. I understand that in the event that no settlement or judgment resu

will be payable.

7.

I understand that this Contingency Fee Agreement, and any fees a

to the Contingency Fee Agreement, shall be subject to the approval of he C

8.

I understand that this Contingency Fee Agreement may be revi

officer at the client's request and may either at the instance of the taxing o

be further reviewed by the Court, and either the taxing officer or the Court


9. I understand that this Contingency Fee Agreement shall enure

and be binding upon the parties hereto, their heirs, executors, administrato

8/11/2019 2014 09 11 Affidavit Dull

34/38

jL /

DATED

this

day of

SIGNED

SEALED

AND

DELIVERED

In the presence of

~

ITNESS

Z j ~ f

.D., 20

at

twv4

,

rovince

I acknowledge receipt

~ truJ o p y of

he Contingency Fee Agreement

on

the

f

2012 at

f l ' V f l 1 ~ , J . ,

Province

of f11 ,lfc .

WITNESS

I acknowledge that I have been advised

by

Wagners that I have a right to seek


8/11/2019 2014 09 11 Affidavit Dull

35/38

Form 39.09

2011 Hfx No. 343536

This is Exhibit E referred toin the



Signature

11/09/2014

60

.00

80

.00

00

.00

30

.00

70.00

8/11/2019 2014 09 11 Affidavit Dull

36/38

NSHCCESTIMATEDTIMEBYYEARUPTOINCLUDINGSEPTEM

BER8,2014

1

199

8

1999

2000

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

LAWYER

HOUR

S

AMOUNT

RFW

153

.7

$61

,480

.00

RFW

319

.9

$127

,960

.00

RFW

423

.9

$169

,56

SLH

300

$60

,000

.00

MSR

2.3

$345

.00

FI

1.2

$48

TOTAL

453.7

$121

,480.00

DMS

0.6

$105

.00

SLH

5

00

$100

,00

FI

23

.9

$9

,560

.00

SRASST

0.6

$3

SLH

400

$80

,000

.00

TOTAL

925.7

$270,07

SRASST

2.6

$130

.00

TOTAL

749.3

$218,100

.00

200

1

2002

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

533

.9

$213

,700

.00

RFW

100

$40

,000

.00

FI

19

$7

,600

.00

FI

406

.4

$202

,560

.00

SLH

600

$120

,000

.00

SH

156

.1

$30

,670

.00

SRASST

22

.7

$1

,135

.00

SRASST

10

.5

$529

.50

TOTAL

1175.6

$342

,435.00

TOTAL

673

$273,759

.50

200

3

2004

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

352

.3

$140

,920

.00

RFW

300

.1

$120

,220

.00

FI

460

.4

$184

,160

.00

FI

356

$142

,400

.00

SH

52

.1

$10

,367

.50

SH

50

$10

,000

.00

SRASST

87

.8

$5

,696

.50

SRASST

40

.7

$2

,645

.50

TOTAL

952.6

$341

,144.00

TOTAL

746.8

$275,265

.50

11/09/2014

8/11/2019 2014 09 11 Affidavit Dull

37/38

NSHCCESTIMATEDTIMEBYYEARUPTOINCLUDINGSEPTEM

BER8,2014

1

200

5

2006

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

200

$80

,200

.00

RFW

350

.4

$206

,120

.00

FI

326

.6

$130

,640

.00

FI

422

$168

,800

.00

MD

58

.8

$7

,350

.00

MD

24

.7

$4

,102

.50

SLH

50

$10

,000

.00

SH

50

.8

$10

,160

.00

VIC

3.3

$297

.00

VIC

178

.8

$16

,102

.50

SRASST

35

.1

$2

,281

.50

KW

24

.3

$2

,502

.00

TOTAL

673.8

$230

,768.50

TOTAL

1051

$407,787

.00

200

7

2008

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

225

.5

$135

,300

.00

RFW

150

.4

$90

,240

.00

FI

243

.4

$102

,860

.00

FI

199

.1

$99

,550

.00

MD

1.2

$210

.00

MD

53

.8

$9

,415

.00

VIC

110

.1

$10

,861

.00

VIC

129

.4

$16

,175

.00

TOTAL

580.2

$249

,231.00

SRASST

15

.8

$1

,422

.00

TOTAL

548.5

$216,802

.00

200

9

2010

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

200

$120

,000

.00

RFW

300

.7

$181

,155

.00

MD

224

.4

$50

,490

.00

MD

414

.1

$93

,172

.50

VIC

139

.3

$20

,895

.00

VIC

71

.7

$10

,755

.00

SRASST

25

.3

$3

,162

.50

SRASST

57

.5

$7

,187

.50

TOTAL

589

$194

,547.50

TOTAL

844

$292,270

.00

11/09/2014

8/11/2019 2014 09 11 Affidavit Dull

38/38

NSHCCESTIMATEDTIMEBYY

EARUPTOINCLUDINGSEPTEM

BER8,2014

201

1

2012

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

301

.5

$216

,870

.00

RFW

257

$192

,750

.00

MD

452

.5

$158

,375

.00

MD

353

.8

$123

,830

.00

VIC

53

.1

$8

,487

.50

VIC

199

.7

$34

,947

.50

SRASST

120

.7

$15

,087

.50

SRASST

96

.6

$12

,075

.00

MG

15

.2

$2

,280

.00

TOTAL

943

$401

,100.00

TOTAL

907.1

$363,602

.50

201

3

2014

LAWYER

HOURS

AMOUNT

LAWYER

HOURS

AMOUNT

RFW

489

.3

$366

,520

.00

RFW

222

.6

$166

,950

.00

AMB

136

.8

$68

,400

.00

AMB

120

.1

$60

,050

.00

DMS

147

.8

$62

,815

.00

DMS

94

$39

,950

.00

MD

609

.5

$213

,325

.00

MD

235

.6

$82

,460

.00

LOR

73

.5

$17

,750

.00

VIC

195

.8

$34

,265

.00

VIC

250

.3

$43

,802

.50

SRASST

45

.9

$5

,737

.50

SRASST

31

.4

$3

,925

.00

LMW

0.3

$60

.00

TOTAL

1738.6

$776

,537.50

TOTAL

914.3

$389,472

.50

RFW

4881

.2

$2

,629

,945

.00

SLH

2159

$431

,197

.50

FI

2458

$1

,048

,610

.00

MD

2428

.4

$742

,730

.00

AMB

256

.9

$128

,450

.00

DMS

242

.4

$102

,870

.00

LOR

73

.5

$17

,750

.00

MSR

2.3

$345

.00

LMW

0.3

$60

.00

MG

15

.2

$2

,280

.00

VIC

1331

.5

$196

,588

.00

SRASST

593

.2

$61

,045

.00

KW

24

.3

$2

,502

.00

TOTAL

S

14466.20

$5,364

,372.50

ALLYEARSTOTAL

2014 09 11 Affidavit Dull

Documents

Transcript of 2014 09 11 Affidavit Dull