Form 39.

08
2011
BETWEEN:
Hfx. No. 343536
SUPREME COURT OF NOVA SCOTIA
Court Administration
JUNE ELWIN, HARRIET JOHNSON and DEANNA
11
20M
M l NF$
-AND-
THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a body
corporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,
representing Her Majesty the Queen in right of the Province of
Nova Scotia
DEFENDANTS
Proceeding under the Class Proceedings Act, S.N.S 2007, c. 28
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 Counsel"), a law
firm operating in the Halifax Regional Municipality, Province of Nova Scotia who are
Counsel for the Plaintiffs and putative Class Members in the within proceeding.
2. I have personal knowledge of the evidence sworn to in this affidavit except
where otherwise stated to be based on information or belief.
3. I state, in this affidavit, the source of any information that is not based on my
own personal knowledge, and I state my belief of the source. I do verily believe the
information from each source cited to be true.
4. I am providing this affidavit in support of the motion which will be heard on the
17
th
day of September, 2014 to approve the payment of Class Counsels fees and
for no other purpose.

Experience of Counsel
5. Raymond F. Wagner, Q.C. is counsel for the Plaintiffs. Mr. Wagner informs me
and I do believe that he has a degree in law from Dalhousie Law School, and was
called to the bar of Nova Scotia in 1979.
6. Our firm is class counsel in MacQueen et al. v. Attorney General of Nova
Scotia et al., a class action concerning the Sydney Tar Ponds, Morrison et al. v.
Attorney General of Nova Scotia et al., a certified class action concerning residents
of long-term care facilities, Hemeon and Magee v. South West District Health
Authority, a certified class action concerning privacy breaches, Taylor v. Wright
Medical et al., a certified class action concerning defective hip products,
Bellefontaine et al. v. Purdue Pharma et al., a proposed class action concerning the
medication OxyContin, Addicott et al. v. GlaxoSmithKline et al., a proposed class
action concerning the medication Avandia, Brown and Dee v. General Motors
Canada et al., a proposed class action concerning ignition switch defects, Gay et al.
v. Regional Health Authority 7 et al., a certified class action concerning the
pathology issues at the Miramichi Regional Hospital in New Brunswick, Little v.
Regional Health Authority B, a proposed class action concerning improper
sterilization procedures at the Miramichi Regional Hospital in New Brunswick, as
well as a number of other proposed class action lawsuits.

7. Mr. Wagner has been involved with class action litigation for the better part of
12 years, well before the Class Proceedings Act was proclaimed in 2007. Mr.
Wagner is an experienced trial lawyer repeatedly recognized by the peer review
publications Lexpert and Best Lawyers. Mr. Wagner has appeared at numerous
conferences and has given presentations to members of the CBA, APTLA, OTLA,
AAJ and other associations. Mr. Wagner works with a team of five other lawyers.

Procedural History
8. I am informed by Mr. Wagner, and do verily believe, that Wagners Law Firm
(Class Counsel) has been working to advance the allegations of abuse of former
residents of the Nova Scotia Home for Colored Children (the NSHCC) since early
1998.
9. Time records indicate that Class Counsel has been providing legal services to
the former residents of the NSHCC since approximately the 7
th
day of J anuary 1998.
10. Between 2001 and 2004, Class Counsel filed sixty-two individual actions
against the NSHCC, the Attorney General of Nova Scotia (the Province) and
various Childrens Aid Societies over allegations of abuse.
11. Each of the 62 actions was being advanced by Class Counsel on a
contingency basis. Attached hereto and marked as Exhibit A is a copy of the
Contingency Fee Agreement of Tracey Dorrington-Skinner which is an example of a
standard Contingency Fee Agreement signed by former residents.
12. Class Counsel carried out many pre-trial procedures on the actions of the
former residents between 2001 and 2012. These efforts were undertaken in addition
to the pre-filing work embarked upon between 1998 and 2001. Some of the
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 residents;
Preparing and producing many Lists of Documents;
Interviewing former residents to assist in responding to two sets of Demand
for Particulars;
Interviewing former residents to assist in responding to Interrogatories;
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 provided by the
defendants;
Assisting former residents through their discovery examinations;
Conducting discovery examinations of representative of the defendants;
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 of Canada;
The filing of three Request for Date Assignment Conferences (and
attendance at such Conferences);
Advancing four separate motions for production.

13. The steps referenced in paragraph 13 highlight some of the civil procedures
undertaken, but do not include years of additional work conducted by class counsel,
including:

Regular written and oral communications with former residents;
Legal research and analysis;
Interviews with historical witnesses (former employees of the NSHCC and
former social workers involved with placement);
Consultation and retention of child welfare expert (standard of care experts);
Consultation and retention of psychologists (damage experts);
Research and analysis of historical documents;
Consultations between Class Counsel.


14. On February 7, 2011 Class Counsel filed a proposed class proceeding on
behalf of former residents of the NSHCC. Following attendance at several case
management conferences, Class Counsel filed a motion for certification on February
17, 2012.

15. The procedures referred to in paragraph 13 have resulted in the production
and procurement of many thousands of pages of relevant documentation. These
documents are contained in thirty-six banker boxes within Class Counsels office.
Because of the implied undertaking rule, these documents have not been produced
in the class action.

16. The discovery examinations referred to in paragraph 13 have resulted in the
production of relevant historical information. Because of the implied undertaking rule,
this information has not been produced in the class action.

17. In J uly 2011, Class Counsel wrote to the Nova Scotia Archives with a request
for documentation pertaining to the NSHCC with a request for access to
documentation pursuant to the Freedom of Information and Protection of Privacy
Act. In turn, Class Counsel was granted access to thousands of pages of
documentation. I reviewed each such page. A small portion of these pages were
filed in support of certification.

18. After an arms-length negotiation, Class Counsel reached a settlement, in the
amount of $5,000,000.00, with the NSHCC. The settlement was found to be fair and
reasonable and in the best interests of the former residents and ultimately approved
by way of Order of the Honourable J ustice Arthur LeBlanc dated J uly 11, 2013.

19. In arguing for certification, Class Counsel attended court hearings on March
28, 2013; April 2 and 29, 2013; J une 10, 11, 12, 13 and 14, 2013; and J uly 8, 9, 10,
11 and 12, 2013. Following submissions of additional written argument, in a written

decision released December 12, 2013, the plaintiffs motion for certification was
granted.
20. In late-2013 Class Counsel entered into arms-length negotiations with the
Province On J une 3, 2014 a settlement agreement was reached, both with respect
to quantum of $29,000,000 and distribution. This settlement agreement was found to
be fair and reasonable and in the best interests of the claim. By order dated J uly 7,
2014 the Settlement Agreement was approved.
21. I believe that the Settlement Agreement was achieved through the efforts of
Class Counsel over the past 16 years. Class Counsel consisted of a large team of
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)
Drew Hampton (summer student)



Effect of the Settlements
22. Notice of the proposed settlement has been given to Class Members directly
by Counsel for the Plaintiffs. The affidavit of Victor Lewin sworn the 10
th
day of
September, 2014 details the steps taken to notify the Class.
23. None of the 62 former residents who filed individual actions have opted out of
the certified class action (and resulting settlements). By order of the Court, their
individual actions are therefore dismissed in their entirety as against all defendants,
without costs.
24. No other former resident of the NSHCC has opted-out of the actions against
the NSHCC or the Province. All former residents of the NSHCC between 1921 to
1989 are therefore bound by, and entitled to participate in, the distribution of the
settlement.
25. It is my belief that the substantial work done between from 1998 and 2012
(both by Class Counsel and the individual former resident who came forward early
to file actions) laid the groundwork for the class proceeding and the eventual
settlement. Stated another way, I do not believe that a settlement would have been
achieved but for those early efforts. The work performed on the individual actions is
subsumed by the class action.
26. The settlements achieved has put an end to over thirteen years of litigation.
This Court has found them to be in the best interests of the class of former residents.
The settlements also provide the defendants finality in the form of a class-wide
release.
The Reasonableness of Fees:

27. The Representative Plaintiffs, J une Elwin, Harriet J ohnson and Deanna
Smith, have all entered into a contingency fee agreement with Class Counsel. I
explained the terms of the Agreements with each before they signed it.

28. On the 12
th
day of December, 2011, the Representative Plaintiff, Deanna
Smith, entered into an agreement with Class Counsel. A true copy of the
Contingency Fee Agreement is attached hereto and marked as Exhibit B .

29. On the 5
th
day of April, 2012, the Representative Plaintiff, J une Elwin, entered
into an agreement with Class Counsel. A true copy of the Contingency Fee
Agreement is attached hereto and marked as Exhibit C .

30. On the 11
th
day of J une, 2013, the Representative Plaintiff, Harriet J ohnson,
entered into an agreement with Class Counsel. A true copy of the Contingency Fee
Agreement is attached hereto and marked as Exhibit D .

31. On behalf of the class of former residents, the Representative Plaintiffs
contracted with Class Counsel for work to be done on a contingency basis. Class
Counsel was willing to undertake the work notwithstanding the risk that they would
never be paid.

32. If the class proceeding were to resolve, the signed Contingency Fee
Agreements provide for legal fees to be calculated on a 25% fee of the first $10
million of the total settlement, 20% of the second $10 million and 15% of all
additional amounts.

33. The total settlement negotiated by Class Counsel amounts to $34,000,000.
The percentage-based fee under the terms of the Contingency Fee Agreement is:



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 believe that
this percentage-based fee is fair and reasonable and reflective of the work involved,
the risk undertaken and the level of success achieved by Class Counsel.

35. As noted above, Class Counsel have done substantial work for over 16 years
in advancing the allegations of abuse and neglect of former residents of the NSHCC
for no compensation to date.

36. Class Counsel have incurred significant disbursements (at their own risk) to
prosecute the claims of abuse and neglect without reimbursement to date.

37. Class counsel have prosecuted the claims of abuse and neglect with
diligence and at a substantial risk, as Class Counsel would not have been paid any
fees or disbursements should this action not have been settled or not have been
successful at trial.

38. I believe that the Settlement Agreement successfully negotiated by Class
Counsel is very beneficial for hundreds of former residents of the NSHCC. Class
Counsel negotiated and devised a Settlement Agreement that provides for a user
friendly, restorative claims process for Class Members as compared to the prospects
of lengthy delays and uncertainty should litigation continue.

Time Records
39. I believe that the reasonableness of a percentage-based fee of 19.4% to be
accentuated by a review of the time records kept by Class Counsel.


40. Time records kept by Class Counsel confirm that Class Counsel has been
providing legal services to former residents of the NSHCC since approximately the
7
th
day of J anuary 1998.

41. From the date of J anuary 7, 1998 up to and including approximately late
2007, time spent was not generally recorded by Class Counsel (who were working
on a contingency basis).

42. Fiona Imrie, Q.C., a previous lawyer who worked with Class Counsel, was
heavily involved in the actions of the former residents. The contractual nature of her
employment required Ms. Imrie to keep time records.

43. I have reviewed Ms. Imries time records in relation to her work on the actions
of the former residents. Her time records commence on the 18
th
day of J anuary 1999
and conclude on the 31
st
day of December 2008.

44. I have attempted to estimate the time spent by Class Counsel on behalf of the
former residents between 1999 to 2007 (before Class Counsel began to record time
in detail). This estimation is based on (1) Ms. Imries time records, (2) a review of the
work product generated and procedures undertaken (and by whom), and (3)
conversations with my colleagues who performed work on the file from 1998 to
2007.

45. Class counsel commenced their recording of time in detail in late 2007. I have
reviewed the time records and believe them to be fairly accurate. I believe that, if
anything, the records understate the time actually spent in advancing the claims of
the former residents.

46. Over the last 16 years, hourly rates for lawyers, paralegals and staff have
changed. An estimate of time based fees between 1998 and 2007, and the actual
time based fees between 2007 and 2014 is approximately $5,400,000.00. A

summary of the year-by-year time based fees calculation is attached hereto and
marked as Exhibit E .

47. Until the final distribution of the settlement funds, Class Counsel expect to
incur substantially more time over the next year, including, but not limited to: (1)
assisting former residents through the claim process, (2) participating in the design
of the upcoming public inquiry process, (3) assisting former residents through the
public inquiry process, and (3) communicating with the claims administrator to
ensure the efficient distribution of the settlement fund. Should the percentage-based
fee sought by Class Counsel be approved, Class Counsel will undertake all future
work without further reimbursement.

48. Class Counsel will not seek fees or reimbursement from any individual former
resident who obtains compensation under the Settlement Agreement. Any
compensation awarded to class members will go directly into their hands, with
nothing owing to Class Counsel.

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

Sworn to before me )
on the 11
th
day of September, )
2014 at Halifax, Nova Scotia. )
)
)
)
)
)
)
Signature of Authority MICHAEL DULL


Form 39.09












2011 Hfx No. 343536


This is Exhibit A referred to in the
affidavit of Michael Dull, sworn before
me on the 11th day of September, 2014.





Signature

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Rule 63
IN THE SUPREME COURT OF NOV A SCOTIA
BETWEEN:
TRACEY DORRINGTON - SKINNER
PARTY OF THE FIRST PART
-and-
WAGNER & ASSOCIATES
PARTY OF THE SECOND PART
CONTINGENCY FEE AGREEMENT
PART I-BACKGROUND
1. Tracey Dorrington - Skinner resides at 124 MacLean Street, Truro, Nova
Scotia and is hereinafter referred to as the "client".
2. The Law Practice of Wagner & Associates Inc., Barristers and Solicitors, have
their principal place of business located at 1869 Upper Water Street, 3rd floor, Pontac
House, Halifax, Nova Scotia, B3J 1S9, and are hereinafter referred to as the "solicitor".
3. This agreement applies to sexual and/or physical abuse suffered by the
client while a resident of the Nova Scotia Home for Coloured Children by Counsellors
and others.
-2-
June 27/02
4. DEFINITIONS - This agreement covers many issues related to our legal
relationship and fmancial arrangement. Some commonly used terms in this agreement
and their definitions are the following:
5.
i) annuity- A contract for payment of periodic amounts (of damages awarded) during
the lifetime of the person or for fixed or guaranteed periods.
ii) contingent/contingency- Something which is possible but uncertain and may depend upon
the occurrence of a future uncertain event.
iii) costs - A money award given to the successful party in litigation for expenses incurred in
prosecuting or defending the action. It is usually payable by the losing party.
iv) damages- Money compensation awarded to a person who has suffered loss.
v) disbursements - An out-of-pocket expense incurred to move the claim forward.
vi) discovery examination - Recorded answers to oral questions under oath by the other
side's lawyer forming the basis of spoken evidence for trial.
vii) interest - Additional compensation awarded by the Court on top of certain damages
to reflect the fact the damages were payable to the Plaintiff at the time of
the accident.
viii) mediation - Informal dispute resolution process in which a neutral third person, the
mediator helps disputing parties to reach an agreement
ix) section B benefits -
x) structured settlement-
No fault benefits your own insurer pays pursuant to the car
insurance contract for prescriptions, therapy, rehabilitation and
income reimbursement.
A means whereby damage awards are paid out in part or total by
periodic payments rather than in one lump sum.
xi) solicitor's fees - Compensation payable to the solicitor for services rendered.
xii) taxing officer- A lawyer appointed by the Barrister's Society to review accounts rendered
by lawyers to clients for appropriateness.
i) The contingency upon which compensation is to be based is the successful
adjudication of liability or the successful arrival at settlement. If the client is
unsuccessful on liability or settlement, there will be no solicitor's fees payable. If the
client is successful on liability or settlement, there will be compensation payable to the
-3-
solicitor in the percentages as stated in paragraphs 6 ,7 & 8.
ii) The client will be responsible regardless of results for all reasonable and
proper disbursements and expenses incurred by the solicitor. Disbursements and
expenses paid by the solicitor will be invoiced to the client as soon as reasonably possible
after its payment. Repayment to the solicitor shall be made by the client as soon as
reasonably possible after invoicing.
iii) Other than for payment of all reasonable and proper disbursements and
expenses, no compensation other than the amounts collected by the solicitor is payable
by the client excluding costs awarded against the client. Costs awarded against the client
are the client's responsibility solely and do not form part of this Agreement.
iv) As expanded upon in the paragraphs to follow, before the lawyers fees
are calculated, all reasonable disbursements and expenses will first be deducted from the
total award to arrive at a net figure.
PARTil-PERCENTAGESRECOVERABLE
6. Reasonable contingent compensation is to be paid for services rendered
by the solicitor. If the collected compensation is one hundred thousand dollars
($100,000.00) or less, the client shall pay, after all reasonable and proper disbursements
have been deducted, twenty-five percent (25%) of the collected compensation if the
action is settled before Discovery Examination. The client shall pay, after all reasonable
and proper disbursements have been deducted, thirty percent (30%) of the collected
compensation ifthe action is settled after Discovery Examination and/or Mediation but
before trial. The client shall pay, after all reasonable and proper disbursements have been
deducted, thirty-five percent (35%) of the collected or awarded compensation if the
action is settled after commencement of trial.
-4-
7. If the collected or awarded compensation exceeds one hundred thousand
dollars ($100,000.00) but does not exceed three hundred thousand dollars ($300,000.00),
then the fees payable will be calculated by applying the percentages as noted in paragraph
6 on the first one hundred thousand dollars ($100,000.00) of the collected or awarded
compensation after all reasonable disbursements and expenses have been deducted and
adding, depending on the stage of the proceedings, as set out in paragraph6, twenty
percent (20%), twenty-five percent (25%) or thirty-percent (30%) of the amount of
collected or awarded compensation that exceeds one hundred thousand dollars
($100,000.00) up to the figure of three hundred thousand dollars ($300,000.00).
8. If the collected or awarded compensation exceeds three hundred thousand
dollars ($300,000.00), then the fees payable will be calculated by applying the
percentages as noted in paragraph 6 herein on the first one hundred thousand dollars
($100,000.00) of the collected or awarded compensation after all reasonable
disbursements and expenses have been deducted and adding, depending on the stage of
proceedings, in the same manner as indicated in paragraph 6, twenty percent (20%),
--- .-.twenty-five percent (25%) or thirty percent (30%) of the next two hundred thousand
dollars ($200,000.00) of the collected or awarded compensation after all reasonable
disbursements and expenses have been deducted and adding, depending on the stage of
the proceedings, in the same manner as noted in paragraph 6, fifteen percent (15%),
twenty percent (20%) or twenty-five percent (25%) of the balance of the collected or
awarded compensation over three hundred thousand dollars ($300,000.00) after all
reasonable disbursements and expenses have been deducted.
PART ID- SETTLEMENT DUTIES AND OBLIGATIONS
9. In the event that the solicitor is able to bring this matter to a resolution by
way of fault or liability (or a percentage thereof) to benefit the client, it is understood by
the parties that no offer of settlement shall be binding upon the client unless specifically
-5-
accepted by the client.
10. In the event that the defendant or his/her authorized agent makes an offer
to settle, the solicitor will review the offer with the client and provide the client with an
opinion. Should the client reject an offer which has been recommended by the solicitor
then such rejection may be taken as a serious loss of confidence between the solicitor and
the client which may justify the solicitor withdrawing legal services.
11. If the client:
(i) rejects an offer of settlement recommended by the solicitor as an
acceptable resolution to the matter;
(ii) or should the client refuse to co-operate in the litigation process;
(iii) or should the client discharge the solicitor;
there shall be due to the solicitor the applicable percentage as outlined above on any offer
of settlement that has been made which represents a reasonable valuation of the claim
plus the reasonable disbursements and expenses paid by the solicitor in the advancement
of the client's case; or, if no offer has been made or a nominal or unreasonable offer has
been made then reasonable disbursements and expenses paid by the solicitor plus fees in
an amount equal to a reasonable representation of the time spent working on the client's
file based upon the solicitor's hourly rate. The current hourly rates which are subject to
change without notice are: Raymond F. Wagner, three hundred and fifty dollars
($350.00); Anna Marie Butler, two hundred and seventy-five dollars ($275.00); Denise
Mentis-Smith, two hundred and twenty-five dollars ($225.00); Mark s: Raftus, two
hundred dollars ($200.00); Brenda A. Roberts, two hundred dollars ($200.00); M.
Darlene Willcott, one hundred and seventy-five dollars ($175.00); DebraL. Duggan, one
hundred and seventy-five dollars ($175.00); and Sarah L. Harris, one hundred and
twenty-five dollars ($125.00). The solicitors' rates are subject to change without notice.
If a new solicitor joins the firm then that solicitor's rates will be added to this agreement
-6-
without notice at a rate commensurate with their experience. In addition, applicable
service taxes will be charged to the fees as set out in the governing legislation which are
subject to adjustment from time to time.
PART IV - MISCELLANEOUS
12. The collected or awarded compensation includes all damage awards for
which the client is entitled to by law as well as interest and costs awarded in favour of
the client. As noted above, before the percentages are calculated, all reasonable
disbursements and expenses will be deducted from the total award to arrive at a net
figure.
13. In the event ofa structured settlement, the purchase value of the annuity
structured shall be used to calculate that component of the collected or awarded
compensation.
14. Also included in the gross award is any Section "B" lump sum awards
secured by the solicitor not in the normal course of securing Section "B" benefits.
15. The Contingency Fee Agreement does not cover any appeals by the client
or the defendants in the proposed action.
16. Harmonized Sales Tax will be applied in addition to the amount of
compensation for legal services in the percentages and in the amounts as indicated in the
governing legislation.
17. This Agreement may be reviewed by a taxing officer at the client's request
and may, either at the instance of the taxing officer or the client be further reviewed by
the Court, and either the taxing officer or the Court may vary, modify or disallow the
Agreement.
-7-
. . yr
DATED thhP / day of/!!lrf/!JJ ff , at Halifax, in the County of
Halifax, Province of Nova Scotia.
SIGNED, SEALED AND DELIVERED


WITNESS
r
'
,/'
ASSOCIATES
I acknowledge receipt of a true copy of the Contingency Fee Agreement on the day
. of at Halifax, in the County of Halifax, Province.ofNova Scotia.
I acknowledge that I have been advised by Wagner & Associates that I have a right to
seek independent legal advice with respect to this Agreement prior to signing this
contract. ,..,
Jv_.1 ' Iii

''-'"""'-'"GTON __,
5/C1hi/
Form 39.09












2011 Hfx No. 343536


This is Exhibit B referred to in the
affidavit of Michael Dull, sworn before
me on the 11th day of September, 2014.





Signature

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Rule 77 .14
BETWEEN:
-and-
SUPREME COURT OF NOVA SCOTIA
DEANNA SMITH
PARTY OF THE FIRST PART
THE LAW PRACTICE OF WAGNER & ASSOCIATES INC.
Known As WAGNERS
PARTY OF THE SECOND PART
CONTINGENCY FEE AGREEMENT
PART I-BACKGROUND
1. I, Deanna Smith, of the city of Calgary, Province of Alberta, hereby retain and
employ the law firm of Wagners as my solicitors and hereby authorize them to institute a
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 behalf of all persons
who have resided at the Nova Scotia Home for Coloured Children. As a Representative
Plaintiff I state that I was a resident of the Nova Scotia Home for Coloured Children
and that I suffered personal injury as a result of residing at the Nova Scotia Home for
Coloured Children. I agree to co-operate in the litigation, to be available when required, to
give instructions when asked to do so and to participate fully in the litigation process to its
'
conclusion. I authorize Wagners to take such actions and conduct such proceedings as they
may consider necessary or proper for the conduct of the proceeding.
3. I understand that this litigation is to be pursued on a contingency basis such that
fees and disbursements with respect to the common issues will be payable only in the event
of success in the common law class proceeding.
4. I agree that for the purpose of this Contingency Fee Agreement, "success in the
common law class proceeding" includes:
(a) judgment on the common issues in favour of some or all class members; and
(b) a settlement that benefits one or more class members.
5. I understand that Wagners shall be entitled to a legal fee, which is a percentage of
the total value of any settlement or judgment to the class inclusive of any award of costs. I
understand that the above percentage will be calculated on a 25% fee of the first $10 million
or on any part thereof, 20% of the second $10 million or any part thereof and 15% of all
additional amounts. I understand that in addition to any legal fee, Wagners shall be entitled to
recover from any settlement or judgment all disbursements incurred along with interest that
has accrued on such disbursements.
6. I understand that the total legal fee will vary according to the total value of any
settlement or judgment, which may result from this litigation. I understand that any such
settlement or judgment could vary greatly depending on several factors including the total
number of individuals who were residents of the Nova Scotia Home for Coloured Children,
additional informationwhich comes to light during the course of the litigationand the nature
of any settlement or judgment. By way of illustration only, I understand that in the event that
a judgment of $25 million was awarded and upheld following any and all appeals, I
understand that the total legal fee payable to Wagners would be $5.25 million plus applicable
harmonized sales tax. I understand that the legal fee could be significantly lower than this
amount or significantly higher than this amount, depending upon the size of the damages to
the class. I understand that in the event that no settlement or judgment results, no legal fees
will be payable.
7. I understand that this Contingency Fee Agreement, and any fees awarded pursuant
to the Contingency Fee Agreement, shall be subject to the approval of the Court.
8. I understand that this Contingency Fee Agreement may be reviewed by a taxing
officer at the client's request and may either at the instance of the taxing officer or the client
be further reviewed by the Court, and either the taxing officer or the Court may vary, modify
or disallow the Contingency Fee Agreement.
9. I understand that this Contingency Fee Agreement shall enure to the benefit of
and be binding upon the parties hereto, their heirs, executors, administrators, successors and
assigns.
I
: 11-d f\,- {-r!J(rPAy. lf-JcJA
DATED this Z day of!,,(;> CCII &cR. A.D., 2011, at-Galgal:y, Province of-Al.bertlr.'
SIGNED, SEALED AND DELIVERED
In the presence of

1
DEANNA SMITH
I acknowledge receipt of a true copy of the Contingency Fee Agreement on ther2 day of
.beCetr.ee'.il.2011 at (--{ l:::,(fA\1' , Province of-MBerW;.lDcJA _)CG7?A .
I acknowledge that I have been advised by Wagners that I have a right to seek independent legal
advice with respect to this Agreement prior to signing this contract.

DEANNA SMITH
Form 39.09












2011 Hfx No. 343536


This is Exhibit C referred to in the
affidavit of Michael Dull, sworn before
me on the 11th day of September, 2014.





Signature

Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Rule 77.14
BETWEEN:
-and-
SUPREME COURT OF NOV A SCOTIA
JUNE ELWIN
PARTY OF THE FIRST PART
THE LAW PRACTICE OF WAGNER & ASSOCIATES INC.
Known As W AGNERS
PARTY OF THE SECOND PART
CONTINGENCY FEE AGREEMENT
PART I-BACKGROUND
( I, June Elwin, of the city of Whitby, Province of Ontario, hereby retain and
employ the law firm of Wagners as my solicitors and hereby authorize them to institute a
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 behalf of all persons
who have resided at the Nova Scotia Home for Coloured Children. As a Representative
Plaintiff I state that I was a resident of the Nova Scotia Home for Coloured Children
and that I suffered personal injury as a result of residing at the Nova Scotia Home for
Coloured Children. I agree to co-operate in the litigation, to be available when required, to
give instructions when asked to do so and to participate fully in the litigation process to its
conclusion. I authorize Wagners to take such actions and conduct such proceedings as they
may consider necessary or proper for the conduct of the proceeding.
3. I understand that this litigation is to be pursued on a contingency basis such that
fees and disbursements with respect to the common issues will be payable only in the event
of success in the common law class proceeding.
4. I agree that for the purpose of this Contingency Fee Agreement, "success in the
common law class proceeding" includes:
(a) judgment on the common issues in favour of some or all class members; and
(b) a settlement that benefits one or more class members.
5. I understand that Wagners shall be entitled to a legal fee, which is a percentage of
the total value of any settlement or judgment to the class inclusive of any award of costs. I
understand that the above percentage will be calculated on a 25% fee of the first $10 million
or on any part thereof, 20% of the second $10 million or any part thereof and 15% of all
additional amounts. I understand that in addition to any legal fee, Wagners shall be entitled to
recover from any settlement or judgment all disbursements incurred along with interest that
has accrued on such disbursements.
6. I understand that the total legal fee will vary according to the total value of any.
settlement or judgment, which may result from this litigation. I understand that any such
settlement or judgment could vary greatly depending on several factors including the total
number of individuals who were residents of the Nova Scotia Home for Coloured Children,
additional information which comes to light during the course of the litigation and the nature
of any settlement or judgment. By way of illustration only, I understand that in the event that
a judgment of $25 million was awarded and upheld following any and all appeals, I
understand that the total legal fee payable to Wagners would be $5.25 million plus applicable
harmonized sales tax. I understand that the legal fee could be significantly lower than this
amount or significantly higher than this amount, depending upon the size of the damages to
the class. I understand that in the event that no settlement or judgment results, no legal fees
will be payable.
7. I understand that this Contingency Fee Agreement, and any fees awarded pursuant
to the Contingency Fee Agreement, shall be subject to the approval of the Court.
8. I understand that this Contingency Fee Agreement may be reviewed by a taxing
officer at the client's request and may either at the instance of the taxing officer or the client
be further reviewed by the Court, and either the taxing officer or the Court may vary, modify
or disallow the Contingency Fee Agreement.
9. I understand that this Contingency Fee Agreement shall enure to the benefit of
and be binding upon the parties hereto, their heirs, executors, administrators, successors and
assigns.
DATED this j._,1,
O,.l.....;a
SIGNED, SEALED AND DELIVERED
In the presence of
A.D., 2012, at Province of
EELWIN

WAGNERS ..
I acknowledge receipt of a true copy of the Contingency Fee Agreement on the'
1
" day of
Ari 2012 , Province ofDr\kic
EELWIN
I acknowledge that I have been advised by Wagners that I have a right to seek independent legal
advice with respect to this Agreement prior to signing this contract.

'VESS
EELWIN
Form 39.09












2011 Hfx No. 343536


This is Exhibit D referred to in the
affidavit of Michael Dull, sworn before
me on the 11th day of September, 2014.





Signature


I\,\ f
'
\
Contingency Fee Agreement pursuant to Nova Scotia Civil Procedure Rule 77.14
BETWEEN:
-and-
SUPREME COURT OF NOVA SCOTIA
HARRIET JOHNSON
PARTY OF THE FIRST PART
THE LAW PRACTICE OF WAGNER & ASSOCIATES INC.
Known As WAGNERS
PARTYOFTHESECONDPART
CONTINGENCY FEE AGREEMENT
PART I- BACKGROUND
1. I, Harriet Johnson, of the city of Montreal, Province of Quebec, hereby retain and
employ the law firm of Wagners as my solicitors and hereby authorize them to institute a
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 behalf of all persons
who have resided at the Nova Scotia Home for Coloured Children. As a Representative
Plaintiff I state that I was a resident of the Nova Scotia Home for Coloured Children
and that I suffered personal injury as a result of residing at the Nova Scotia Home for
Coloured Children. I agree to co-operate in the litigation, to be available when required, to
give instructions when asked to do so and to participate fully in the litigation process to its

conclusion. I authorize Wagners to take such actions and conduct such proceedings as they
may consider necessary or proper for the conduct of the proceeding.
3. I understand that this litigation is to be pursued on a contingency basis such that
fees and disbursements with respect to the common issues will be payable only in the event
of Success in the common law class proceeding.
4. I agree that for the purpose of this Contingency Fee Agreement, "success in the
common law class proceeding" includes:
(a) judgment on the common issues in favour of some or all class members; and
(b) a settlement that benefits one or more class members.
5. I understand that Wagners shall be entitled to a legal fee, which is a percentage of
the total value of any settlement or judgment to the class inclusive of any award of costs. I
understand that the above percentage will be calculated on a 25% fee of the first $10 million
or on any part thereof, 20% of the second $10 million or any part thereof and 15% of all
additional amounts. I understand that in addition to any legal fee, Wagners shall be entitled to
recover from any settlement or judgment all disbursements incurred along with interest that
has accrued on such disbursements.
t ~
6. I understand that the total leg fee will vary according to the total value of any
settlement or judgment, which may ft!;; from this litigation. I understand that any such
settlement or judgment could vary greatly depending on several factors including the total
number of individuals who were residents of the Nova Scotia Home for Coloured Children,
additional information which comes to light during the course of the litigation and the nature
of any settlement or judgment. By way of illustration only, I understand that in the event that
a judgment of $25 million was awarded and upheld following any and all appeals, I
understand that the total legal fee payable to Wagners would be $5.25 million plus applicable
harmonized sales tax. I understand that the legal fee could be significantly lower than this
amount or significantly higher than this amount, depending upon the size of the damages to
the class. I understand that in the event that no settlement or judgment results, no legal fees
will be payable.
7. I understand that this Contingency Fee Agreement, and any fees awarded pursuant
to the Contingency Fee Agreement, shall be subject to the approval of the Court.
8. I understand that this Contingency Fee Agreement may be reviewed by a taxing
officer at the client's request and may either at the instance of the taxing officer or the client
be further reviewed by the Court, and either the taxing officer or the Court may vary, modify
or disallow the Contingency Fee Agreement.
9. I understand that this Contingency Fee Agreement shall enure to the benefit of
and be binding upon the parties hereto, their heirs, executors, administrators, successors and
assigns.
l

. .jL- /
DATED this// day of J
SIGNED, SEALED AND DELIVERED
In the presence of

WITNESS
Z,, If I fl.,,.-;):
A.D., 20 J at twv4' , Province of JV v c -
I acknowledge receipt truJ of the Contingency Fee Agreement on the f
2012 at , Province of (f 11(,lfc .
dayof/v;i<
WITNESS
I acknowledge that I have been advised by Wagners that I have a right to seek independent legal
advice with respect to this Agreement prior to signing this contract.
Form 39.09












2011 Hfx No. 343536


This is Exhibit E referred to in the
affidavit of Michael Dull, sworn before
me on the 11th day of September, 2014.





Signature

N
S
H
C
C

E
S
T
I
M
A
T
E
D

T
I
M
E

B
Y

Y
E
A
R

U
P

T
O

I
N
C
L
U
D
I
N
G

S
E
P
T
E
M
B
E
R

8
,

2
0
1
4

1
1
/
0
9
/
2
0
1
4
1
9
9
8
1
9
9
9
2
0
0
0
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
1
5
3
.
7
$
6
1
,
4
8
0
.
0
0
R
F
W
3
1
9
.
9
$
1
2
7
,
9
6
0
.
0
0
R
F
W
4
2
3
.
9
$
1
6
9
,
5
6
0
.
0
0
S
L
H
3
0
0
$
6
0
,
0
0
0
.
0
0
M
S
R
2
.
3
$
3
4
5
.
0
0
F
I
1
.
2
$
4
8
0
.
0
0
T
O
T
A
L
4
5
3
.
7
$
1
2
1
,
4
8
0
.
0
0
D
M
S
0
.
6
$
1
0
5
.
0
0
S
L
H
5
0
0
$
1
0
0
,
0
0
0
.
0
0
F
I
2
3
.
9
$
9
,
5
6
0
.
0
0
S
R

A
S
S
T
0
.
6
$
3
0
.
0
0
S
L
H
4
0
0
$
8
0
,
0
0
0
.
0
0
T
O
T
A
L
9
2
5
.
7
$
2
7
0
,
0
7
0
.
0
0
S
R

A
S
S
T
2
.
6
$
1
3
0
.
0
0
T
O
T
A
L
7
4
9
.
3
$
2
1
8
,
1
0
0
.
0
0
2
0
0
1
2
0
0
2
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
5
3
3
.
9
$
2
1
3
,
7
0
0
.
0
0
R
F
W
1
0
0
$
4
0
,
0
0
0
.
0
0
F
I
1
9
$
7
,
6
0
0
.
0
0
F
I
4
0
6
.
4
$
2
0
2
,
5
6
0
.
0
0
S
L
H
6
0
0
$
1
2
0
,
0
0
0
.
0
0
S
H
1
5
6
.
1
$
3
0
,
6
7
0
.
0
0
S
R

A
S
S
T
2
2
.
7
$
1
,
1
3
5
.
0
0
S
R

A
S
S
T
1
0
.
5
$
5
2
9
.
5
0
T
O
T
A
L
1
1
7
5
.
6
$
3
4
2
,
4
3
5
.
0
0
T
O
T
A
L
6
7
3
$
2
7
3
,
7
5
9
.
5
0
2
0
0
3
2
0
0
4
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
3
5
2
.
3
$
1
4
0
,
9
2
0
.
0
0
R
F
W
3
0
0
.
1
$
1
2
0
,
2
2
0
.
0
0
F
I
4
6
0
.
4
$
1
8
4
,
1
6
0
.
0
0
F
I
3
5
6
$
1
4
2
,
4
0
0
.
0
0
S
H
5
2
.
1
$
1
0
,
3
6
7
.
5
0
S
H
5
0
$
1
0
,
0
0
0
.
0
0
S
R

A
S
S
T
8
7
.
8
$
5
,
6
9
6
.
5
0
S
R

A
S
S
T
4
0
.
7
$
2
,
6
4
5
.
5
0
T
O
T
A
L
9
5
2
.
6
$
3
4
1
,
1
4
4
.
0
0
T
O
T
A
L
7
4
6
.
8
$
2
7
5
,
2
6
5
.
5
0
N
S
H
C
C

E
S
T
I
M
A
T
E
D

T
I
M
E

B
Y

Y
E
A
R

U
P

T
O

I
N
C
L
U
D
I
N
G

S
E
P
T
E
M
B
E
R

8
,

2
0
1
4

1
1
/
0
9
/
2
0
1
4
2
0
0
5
2
0
0
6
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
2
0
0
$
8
0
,
2
0
0
.
0
0
R
F
W
3
5
0
.
4
$
2
0
6
,
1
2
0
.
0
0
F
I
3
2
6
.
6
$
1
3
0
,
6
4
0
.
0
0
F
I
4
2
2
$
1
6
8
,
8
0
0
.
0
0
M
D
5
8
.
8
$
7
,
3
5
0
.
0
0
M
D
2
4
.
7
$
4
,
1
0
2
.
5
0
S
L
H
5
0
$
1
0
,
0
0
0
.
0
0
S
H
5
0
.
8
$
1
0
,
1
6
0
.
0
0
V
I
C
3
.
3
$
2
9
7
.
0
0
V
I
C
1
7
8
.
8
$
1
6
,
1
0
2
.
5
0
S
R

A
S
S
T
3
5
.
1
$
2
,
2
8
1
.
5
0
K
W
2
4
.
3
$
2
,
5
0
2
.
0
0
T
O
T
A
L
6
7
3
.
8
$
2
3
0
,
7
6
8
.
5
0
T
O
T
A
L
1
0
5
1
$
4
0
7
,
7
8
7
.
0
0
2
0
0
7
2
0
0
8
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
2
2
5
.
5
$
1
3
5
,
3
0
0
.
0
0
R
F
W
1
5
0
.
4
$
9
0
,
2
4
0
.
0
0
F
I
2
4
3
.
4
$
1
0
2
,
8
6
0
.
0
0
F
I
1
9
9
.
1
$
9
9
,
5
5
0
.
0
0
M
D
1
.
2
$
2
1
0
.
0
0
M
D
5
3
.
8
$
9
,
4
1
5
.
0
0
V
I
C
1
1
0
.
1
$
1
0
,
8
6
1
.
0
0
V
I
C
1
2
9
.
4
$
1
6
,
1
7
5
.
0
0
T
O
T
A
L
5
8
0
.
2
$
2
4
9
,
2
3
1
.
0
0
S
R

A
S
S
T
1
5
.
8
$
1
,
4
2
2
.
0
0
T
O
T
A
L
5
4
8
.
5
$
2
1
6
,
8
0
2
.
0
0
2
0
0
9
2
0
1
0
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
2
0
0
$
1
2
0
,
0
0
0
.
0
0
R
F
W
3
0
0
.
7
$
1
8
1
,
1
5
5
.
0
0
M
D
2
2
4
.
4
$
5
0
,
4
9
0
.
0
0
M
D
4
1
4
.
1
$
9
3
,
1
7
2
.
5
0
V
I
C
1
3
9
.
3
$
2
0
,
8
9
5
.
0
0
V
I
C
7
1
.
7
$
1
0
,
7
5
5
.
0
0
S
R

A
S
S
T
2
5
.
3
$
3
,
1
6
2
.
5
0
S
R

A
S
S
T
5
7
.
5
$
7
,
1
8
7
.
5
0
T
O
T
A
L
5
8
9
$
1
9
4
,
5
4
7
.
5
0
T
O
T
A
L
8
4
4
$
2
9
2
,
2
7
0
.
0
0
N
S
H
C
C

E
S
T
I
M
A
T
E
D

T
I
M
E

B
Y

Y
E
A
R

U
P

T
O

I
N
C
L
U
D
I
N
G

S
E
P
T
E
M
B
E
R

8
,

2
0
1
4

1
1
/
0
9
/
2
0
1
4
2
0
1
1
2
0
1
2
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
3
0
1
.
5
$
2
1
6
,
8
7
0
.
0
0
R
F
W
2
5
7
$
1
9
2
,
7
5
0
.
0
0
M
D
4
5
2
.
5
$
1
5
8
,
3
7
5
.
0
0
M
D
3
5
3
.
8
$
1
2
3
,
8
3
0
.
0
0
V
I
C
5
3
.
1
$
8
,
4
8
7
.
5
0
V
I
C
1
9
9
.
7
$
3
4
,
9
4
7
.
5
0
S
R

A
S
S
T
1
2
0
.
7
$
1
5
,
0
8
7
.
5
0
S
R

A
S
S
T
9
6
.
6
$
1
2
,
0
7
5
.
0
0
M
G
1
5
.
2
$
2
,
2
8
0
.
0
0
T
O
T
A
L
9
4
3
$
4
0
1
,
1
0
0
.
0
0
T
O
T
A
L
9
0
7
.
1
$
3
6
3
,
6
0
2
.
5
0
2
0
1
3
2
0
1
4
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
L
A
W
Y
E
R
H
O
U
R
S
A
M
O
U
N
T
R
F
W
4
8
9
.
3
$
3
6
6
,
5
2
0
.
0
0
R
F
W
2
2
2
.
6
$
1
6
6
,
9
5
0
.
0
0
A
M
B
1
3
6
.
8
$
6
8
,
4
0
0
.
0
0
A
M
B
1
2
0
.
1
$
6
0
,
0
5
0
.
0
0
D
M
S
1
4
7
.
8
$
6
2
,
8
1
5
.
0
0
D
M
S
9
4
$
3
9
,
9
5
0
.
0
0
M
D
6
0
9
.
5
$
2
1
3
,
3
2
5
.
0
0
M
D
2
3
5
.
6
$
8
2
,
4
6
0
.
0
0
L
O
R
7
3
.
5
$
1
7
,
7
5
0
.
0
0
V
I
C
1
9
5
.
8
$
3
4
,
2
6
5
.
0
0
V
I
C
2
5
0
.
3
$
4
3
,
8
0
2
.
5
0
S
R

A
S
S
T
4
5
.
9
$
5
,
7
3
7
.
5
0
S
R

A
S
S
T
3
1
.
4
$
3
,
9
2
5
.
0
0
L
M
W
0
.
3
$
6
0
.
0
0
T
O
T
A
L
1
7
3
8
.
6
$
7
7
6
,
5
3
7
.
5
0
T
O
T
A
L
9
1
4
.
3
$
3
8
9
,
4
7
2
.
5
0
R
F
W
4
8
8
1
.
2
$
2
,
6
2
9
,
9
4
5
.
0
0
S
L
H
2
1
5
9
$
4
3
1
,
1
9
7
.
5
0
F
I
2
4
5
8
$
1
,
0
4
8
,
6
1
0
.
0
0
M
D
2
4
2
8
.
4
$
7
4
2
,
7
3
0
.
0
0
A
M
B
2
5
6
.
9
$
1
2
8
,
4
5
0
.
0
0
D
M
S
2
4
2
.
4
$
1
0
2
,
8
7
0
.
0
0
L
O
R
7
3
.
5
$
1
7
,
7
5
0
.
0
0
M
S
R
2
.
3
$
3
4
5
.
0
0
L
M
W
0
.
3
$
6
0
.
0
0
M
G
1
5
.
2
$
2
,
2
8
0
.
0
0
V
I
C
1
3
3
1
.
5
$
1
9
6
,
5
8
8
.
0
0
S
R

A
S
S
T
5
9
3
.
2
$
6
1
,
0
4
5
.
0
0
K
W
2
4
.
3
$
2
,
5
0
2
.
0
0
T
O
T
A
L
S
1
4
4
6
6
.
2
0
$
5
,
3
6
4
,
3
7
2
.
5
0

A
L
L

Y
E
A
R
S

T
O
T
A
L