Legal Update from Gowlings

The following is a legal update from Gowlings with respect to the Wells Decision.

Implementation of Wells

There is no official news on this front.

As you know, the Crown did not appeal the decision in Wells, and is therefore bound to implement Justice Zinn’s findings. The government process will likely look very similar to the that which was used following the supplemental agreement. Namely, that all those applicants who are affected by the Wells’ decisions will receive a notice advising them that they can submit additional information and  documentation. Those applications will be re-evaluated and decisions will be issued. Following the issuance of decisions, and pursuant to the Court’s rulings in Wells’, applicants will have the opportunity to appeal any decision rendered.

Please note that the information provided above is not yet “official” and could be subject to change.

2. Status of Abbott

Abbott is proceeding as expected. A case management judge has been appointed and the Parties have attended an initial case conference. At the conference, the Parties agreed on a schedule for the proceedings.

The general timeline mirrors Wells: all affidavits and cross-examinations are to be completed by the end of October 2018, the Parties’ records are to be filed by January, and, subject to the Federal Court’s availability, a hearing could be held in the February or March of 2019.

Additionally, the case management judge encouraged the parties to examine the Wells’ decisions and engage in discussions about what, if any, issues were resolved by the Court in Wells. Counsel is intended to have discussions in August and a follow-up case management conference has been scheduled for September 14, 2018.

3. As this unfolds we will keep you updated.

Dave Wells

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