Estabrooks Abuse Class Action
Koskie Minsky LLP in Toronto, with McKiggan Hebert Lawyers in Halifax, have commenced a class action against the City of Saint John on behalf of individuals who allege that they suffered injury, loss or damage as a result of being sexually abused by Kenneth Estabrooks in the City of Saint John between January 1, 1953 and December 31, 1983.
The Statement of Claim alleges that Kenneth Estabrooks used his authority as a member of the Saint John Police Force and in his capacity as a Saint John City Works employee to abduct, confine, and sexually assault hundreds of children. The Statement of Claim also alleges that the City had knowledge that Mr. Estabrooks was assaulting children after Mr. Estabrooks confessed of these assaults to his superiors . Instead of laying criminal charges against Mr. Estabrooks or dismissing him from his position as a police officer, the Statement of Claim alleges that the City merely transferred Mr. Estabrooks to a job with the City Works department where he continued to sexually abuse and molest children.
On September 14, 2023, the New Brunswick Court of Appeal released a decision finding the City of Saint John is liable for the abuse Kenneth Estabrooks committed when he was a City police officer between 1953 and 1975. The Supreme Court of Canada dismissed the City of Saint John’s application for leave to appeal from this decision on May 16, 2024.
This is a victory for the plaintiff and class, but the class action is not over yet. The court still needs to establish the process for making a claim for individual damages.
On September 6, 2024, the parties will meet with the Case Management Judge to discuss how the individual damages stage of this class action will proceed. We are working on a formal proposal respecting that process, which will be subject to the court’s approval. Once we have the court’s decision, a formal notice will be issued setting out the details of the process and how to participate.
If you or a member of your family was a victim of sexual abuse by Kenneth Estabrooks, you can call 888-510-3577 or (888) 510-3577 (Toll Free in Atlantic Canada) for more information.
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Latest Developments
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January 11, 2022
As a result of elevated COVID rates across the country, the trial in this class action was adjourned by the Court. It was previously scheduled to commence on January 31, 2022. It is now scheduled to commence on May 30, 2022. The trial involves witnesses from across the country, which would make it extremely challenging to conduct in the present circumstances. We are hopeful that it will proceed unimpeded this Spring and are grateful for the continued patience of all stakeholders.
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April 4, 2019
The Defendant’s application for leave to appeal to the Supreme Court of Canada was dismissed. The plaintiff’s motion for summary judgment is scheduled for November 5-6, 2019.
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November 1, 2018
The Defendant has sought leave to appeal the certification order to the Supreme Court of Canada. The Supreme Court of Canada’s decision on leave is under reserve.
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August 30, 2018
The defendant’s appeal was largely dismissed. A copy of the reasons will be available shortly.
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December 6, 2017
The appeal of the order certifying this action as a class proceeding was heard and the decision is under reserve.
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October 30, 2017
The appeal of the order certifying this action as a class proceeding is being heard before the New Brunswick Court of Appeal on December 6, 2017.
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August 28, 2017
The Court of Appeal granted leave to appeal and will hear the appeal on October 24, 2017.
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June 22, 2017
The motion for leave to appeal was heard by the New Brunswick Court of Appeal. The Court reserved its decision.
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April 12, 2017
The Defendant has brought a motion for leave to appeal the certification order. The motion will be heard on June 22, 2017.
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February 10, 2017
This action was certified as a class proceeding. A copy of the certification decision is available here.
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January 11, 2022
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
888-510-3577
or
(888) 510-3577 (Toll Free in Atlantic Canada)
