Newfoundland Residential Schools
These five class actions were brought by former students that sued the Federal Government of Canada (“Canada”) about the management and operation of the Schools in Cartwright, North West River, Makkovik, Nain and St. Anthony run by the IGA or the Moravian Church in Newfoundland and Labrador, and the harms and abuses committed against the children who attended them. The lawsuits claim that Canada exposed former students to child abuse, neglect, and physical, emotional, psychological and sexual abuse. The Plaintiffs claim that Canada did not protect students’ physical and mental well-being even though it was its duty to do so. The lawyers for the Plaintiffs began presenting their claims at the trial which started in September 2015.
The representative former students and Canada have now reached a $50 million settlement (“Settlement”) that provides compensation for former students who attended.
Unless they have previously removed themselves from the lawsuit, the Settlement is available for anyone who was alive as of November 23, 2006 and who attended the IGA or Moravian Schools in the following locations between the dates listed:
i. Cartwright – April 1, 1949 to June 30, 1964
ii. Northwest River – April 1, 1949 to June 30, 1980
iii. Nain – April 1, 1949 to June 30, 1973
iv. Makkovik – April 1, 1949 to June 30, 1960
v. St. Anthony – April 1, 1949 to June 30, 1979
The amount of your payment will depend on how long you lived at the residence at the Schools and/or the level of harm you suffered, according to this agreed upon compensation scheme:
| General Compensation Payment (“GCP”) | Abuse Compensation Payment (“ACP”) |
| Class Members who lived at the residence at the Schools will receive a general compensation payment (“GCP”) based on how many years they lived at the residence at the Schools. For those who lived at the residence at the Schools for less than five academic years, or parts thereof, a GCP of $15,000 will be paid. For those who lived at the residence at the Schools for five or more academic years, a GCP of $20,000 will be paid. Class Members who did not live at the residence at the schools – who were not boarders – will not receive a GCP.
|
All eligible Class Members, who meet the criteria, may be entitled to an abuse compensation payment (“ACP”) depending on the level of harm they suffered. Such claimants may receive up to a maximum of $200,000 depending on the number of people who submit a valid ACP claim and the harm they suffered. The claims administrator will determine the amount of compensation provided to ACP claimants based on categories of harm set out in the Settlement Agreement. The actual amount available for each eligible Class Member will not be determined until after all claim forms have been received and assessed. An eligible Class Member may receive a GCP and an ACP.
|
The class action no longer includes claims for the “Family Class”, being family members of the former students. These claims were discontinued at trial by a decision of the Court. There is no compensation available for the Family Class in this Settlement and any further claims are now barred.
The Court has not decided whether Canada did anything wrong. The Settlement must be approved by the Court before there is any money available.
The Court will hold a Settlement Approval Hearing at 10:00 a.m. on September 27-29, 2016 at the Supreme Court of Newfoundland and Labrador in St. John’s, Newfoundland and Labrador. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and in the best interests of the Class. If there are objections to the Settlement, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement.
Should the Settlement be approved, a further notice will be released explaining the claims process and how to receive a payment if you are eligible.
The hearing may be moved to a different date or time without additional notice.
For more information and updates please go to www.NewfoundlandResidentialSchoolsSettlement.ca, email at Admin@NewfoundlandResidentialSchoolsSettlement.ca, or call 1-866-542-0369.
-
Latest Developments
-
November 16, 2016
The settlement claims process has now begun. For more information on the claims process and how to make a claim for compensation please visit: www.NewfoundlandResidentialSchoolsSettlement.ca .
-
November 7, 2016
The Honourable Mr. Justice Stack approved the settlement and fees of class counsel on September 28, 2016. Attached are his reasons for that decision released today.
-
September 28, 2016
The Honourable Mr. Justice Stack approved the Settlement Agreement between the parties. The claims process and notice to class members of settlement approval shall commence after a 31 day appeal period. To see a copy of the Settlement Approval Order, click here.
-
May 10, 2016
The representative former students and Canada have now reached a $50 million Settlement that provides compensation for former students who attended. By order of the Court, a Settlement Approval Hearing will be heard at 10:00 a.m. on September 27-29, 2016 at the Supreme Court of Newfoundland and Labrador in St. John’s, Newfoundland and Labrador.
-
February 26, 2016
Counsel for the parties jointly agreed today to adjourn the common issues trial to allow them to pursue further discussions. “We’ve continued to make progress since our last appearance before the court; and are moving forward in a positive way; however, we had hoped to be further along at this point”, said Kirk Baert, one of the counsel for the plaintiffs. The process which is required to move the discussions to the next level is somewhat protracted. “We are confident though that this adjournment will position the parties for this,” Baert added. Further meetings have been set in Toronto for March 10 and 11, 2016.
In a case conference with Mr. Justice Robert Stack today, the parties jointly agreed, if necessary, to complete the evidence in the case May 9 to 13 in St. Johns, with closing arguments in the case to take place in St. Johns on June 9 and 10, 2016.
-
February 1, 2016
The parties’ joint application for an adjournment was granted by the Court to facilitate fact finding discussions. The trial is scheduled to recommence on February 29, 2016.
-
January 22, 2016
The testimony of the plaintiffs’ last witnesses in chief was completed on January 20, 2016. Canada is expected to open its case in defence and call its first witness the week of February 1, 2016 and the trial is expected to be completed the week of February 29, 2016.
-
January 15, 2016
The common issues trial continues in these class actions. The Plaintiffs anticipate closing their case by January 22, 2015.
-
September 28, 2015
The common issues trial in these class actions has commenced in St. John’s, Newfoundland and Labrador.
-
February 12, 2015
The trial of this matter will commence on September 28, 2015 and will conclude on February 18, 2016.
The following timetable has been set for steps leading up to trial:
- January 30, 2015 – service and filing of all outstanding pleadings in the Third Party actions;
- February 16, 2015 – service and filing of all outstanding Lists of Documents and attendant productions;
- May 1, 2015 – all remaining examinations for discovery of the parties to be completed;
- May 30, 2015 – any further or supplementary expert reports to be delivered by all parties;
- June 30, 2015 – completion of any further expert discoveries; and,
- June 30, 2015 – delivery of documents to be relied upon by all parties at trial.
-
November 24, 2014
The trial of the common issues has been adjourned until September 28, 2015. A full common issues trial, concerning both negligence and fiduciary duty claims, and involving all parties including Canada, the Province of Newfoundland and Labrador, and the various religious organizations, will take place over a period of 12 weeks.
Counsel will meet with Justice Stack on December 15, 2014 to set a more detailed timetable.
The adjournment is pursuant to Justice Stack’s reasons released on November 24, 2015. Justice Stack held that findings of fact on the first phase of trial, involving fiduciary duty claims, would have to be binding on the second phase, involving negligence claims. The third and fourth parties had not contemplated their involvement in phase one, and had not prepared for this phase of trial scheduled for Winter 2014/2015. His Honour held it would be unjust to force unprepared parties to take part in phase one of the trial and held that the third and fourth parties required additional time to prepare.
In addition, Justice Stack determined that the severance of the common issues trial into two phases was no longer tenable. He ordered that one single trial of all claims by all parties take place simultaneously.
-
September 16, 2014
The trial of the common issues will begin in Saint John’s, Newfoundland on November 17 and run until it adjourns on December 19, 2014. It will resume on January 12, 2015 and is scheduled to run until February 13, 2015.
-
July 4, 2014
The parties have exchanged Requests to Admit, and will exchange Responses to the Requests to Admit before August 15, 2014. The parties will then exchange lists of fact witnesses who are expected to be called at the trial of the common issues on or before September 1, 2014.
Trial of the common issues will begin on November 17 and run until it adjourns on December 19, 2014. It will resume on January 12, 2015 and is scheduled to run until February 13, 2015.
-
May 27, 2014
The Court of Appeal for Newfoundland and Labrador allowed the Plaintiffs’ appeal, and reversed Justice Butler’s February 4, 2014 decision. On February 4, 2014 Justice Butler granted leave to the Defendant to proceed with an application to try to strike the claims of class members for non-sexual misconduct before November 23, 1977 as being barred by operation of the Limitations Act. The Court of Appeal has ruled that the limitations question will be determined at the common issues trial, together with the other common issues, rather than at a separate hearing beforehand.
-
May 14, 2014
The appeal of Justice Butler’s February 4, 2014 decision was heard today. Justice Butler’s decision granted the Defendant leave to proceed with an application to try to strike the claims of class members for non-sexual misconduct before November 23, 1977 as being barred by operation of the Limitations Act. The appeal panel reserved its decision, which is expected to be released shorty.
Should the Plaintiff be unsuccessful on the appeal, the Defendant’s motion will be heard on September 11 and 12, 2014.
Trial of the common issues will begin November 17 to December 19, 2014. It will then resume on January 12, 2015 and is scheduled to run until February 13, 2015.
-
April 21, 2014
The Plaintiffs’ motion for leave to appeal and the appeal itself of Justice Butler’s decision of February 4, 2014 will be heard on May 14 and 15, 2014. On February 4, 2014 Justice Butler granted leave to the Defendant to proceed with an application to try to strike the claims of class members for non-sexual misconduct before November 23, 1977 as being barred by operation of the Limitations Act.
Should the Plaintiff be unsuccessful on the appeal, the Defendant’s motion will be heard on September 11 and 12, 2014.
Trial of the common issues will begin November 17 to December 19, 2014. It will then resume on January 12, 2015 and is scheduled to run until February 13, 2015.
-
February 4, 2014
The Defendant advised that it wishes to have an issue of law determined before the common issues trial commences: whether the claims of the class members for non-sexual misconduct before November 23, 1977 are barred by operation of the Limitations Act. The Defendant brought an application to determine whether a hearing on that issue should proceed before the common issues trial. On January 27, 2014, that application was argued before the Honourable Madam Justice Butler.
Today, Justice Butler released her decision granting the Defendant leave to proceed with an application to determine whether the claims of the class members for non-sexual misconduct before November 23, 1977 are barred by operation of the Limitations Act before the common issues trial.
The Plaintiffs are seeking leave to appeal that decision and are hopeful such appeal will be heard in April.
In addition, as part of Justice Butler’s decision, she noted that all further applications shall be heard by the trial Judge: the Honourable Mr. Justice Robert Stack.
-
December 31, 2013
The Plaintiffs have chosen to limit the common issues trial to their claims for breach of fiduciary duty.
-
November 19, 2013
The third party claims of the Defendant were stayed/severed by the Honourable Justice Butler with conditions. As part of the decision the Plaintiffs will have to determine whether they will confine the certified issues for the common issues trial to the alleged breaches of fiduciary duty, in which case the third party claims will be severed and stayed pending that determination. The Plaintiffs are to advise the parties and the court of their election by December 14, 2013.
-
October 23, 2013
The defendant served its supplementary responding written submissions on the plaintiffs motion to sever or stay the third party claims from the main action, as requested by the Honourable Justice Butler. The parties are hopeful for a decision from the court on this motion shortly. The next case management conference is scheduled for November 8, 2013.
-
October 1, 2013
The plaintiffs filed their further written submissions on the plaintiffs motion to sever or stay the third party claims from the main action, as requested by the Honourable Justice Butler. The defendant’s responding submissions are due to be filed October 25, 2013. The parties are hopeful for a decision from the court on this motion shortly after the defendant’s submissions are filed.
The next case management conference is scheduled for November 8, 2013.
-
September 6, 2013
The plaintiffs continue to await the decision of the Honourable Justice Butler on the plaintiffs’ motion to sever or stay third party claims from the main action. Justice Butler has requested further submissions regarding the motion and plaintiffs’ counsel will deliver their further written submissions by September 27, 2013.
-
August 20, 2013
Further examinations for discovery of experts who provided expert opinion reports in these class proceedings have commenced and are expected to be complete by August 28, 2013.
The plaintiffs continue to await the decision of the Honourable Justice Butler on the plaintiffs’ motion to sever or stay the third party claims, which decision is expected to be released by the end of August 2013.
-
July 18, 2013
Further examinations for discovery of experts who provided expert opinion reports in these class proceedings are expected to take place in August 2013.
The Plaintiffs have served the Defendant with written interrogatories (written questions related to documents provided by the Defendant) regarding further documents produced by the Defendant. The Plaintiffs’ Written Interrogatories can be viewed here.
The plaintiffs continue to await the decision of the Honourable Justice Butler on the plaintiffs’ motion to sever or stay the third party claims, which decision is expected to be released by the end of August 2013.
-
June 20, 2013
One of the plaintiffs’ experts was examined for discovery from May 23-24, 2013 regarding a report on the harm suffered by former students who attended the residential schools in this action, and their family members.
Further examinations for discovery of experts who provided expert opinion reports in these class proceedings are expected to take place in August 2013.
The defendant has provided the plaintiffs with further documents related to these class proceedings. Rather than conducting a further examination for discovery of the defendant’s representative regarding these further productions, the plaintiffs expect to serve written interrogatories (written questions related to the documents provided) regarding these further productions by July 5, 2013.
The plaintiffs continue to await the decision of the Honourable Justice Butler on the plaintiffs’ motion to sever or stay the third party claims, which decision is expected to be released by the end of August 2013.
-
May 13, 2013
Plaintiffs’ successful application for answers to questions refused by defendant:
The order of the Honourable Justice Butler regarding the plaintiffs’ successful application for answers to questions refused on the discovery of the defendant’s representative can be viewed here.
Expert reports and discoveries:
The defendant has now provided its expert report in response to the plaintiffs’ expert report regarding the history surrounding Confederation and residential schools in Newfoundland & Labrador.
One of the plaintiffs’ experts is to be examined for discovery from May 23-24, 2013 regarding a report on the harm suffered by former students who attended the residential schools in this action, and their family members.
Further discoveries of the plaintiffs’ and defendant’s experts will take place over the next few months.
Plaintiffs’ application to sever/stay third party claims:
The plaintiffs’ application to sever or stay third party claims issued by the defendant against the Province of Newfoundland & Labrador will be heard by the Court on May 27-28, 2013.
The plaintiffs’ memorandum of fact and law can be viewed here.
The defendant’s responding application record can be viewed here.
The Province’s responding affidavit can be viewed here.
The defendant is to serve its memorandum of fact and law by May 17, 2013.
The Province is to serve its memorandum of fact and law by May 22, 2013.
The Province has also served third party notices on Moravian Church in Newfoundland and Labrador, the Moravian Union (Incorporated) and the International Grenfell Association who have until May 22, 2013 to file written submissions, if any, regarding their position on the plaintiffs’ application.
Trial:
Counsel continues to prepare for the common issues trial, which is currently expected to proceed between November 2013 – January 2014.
-
April 12, 2013
The court has ordered the substitution of a representative plaintiff in the St. Anthony action. The order and amended claim can be viewed here.
The plaintiffs were largely successful on the application regarding deficient answers and refusals to answer questions on the examination for discovery of the defendant’s representative.
The court has declined to hear the plaintiffs’ application to determine preliminary issues of law prior to the common issues trial. The court’s reasons can be viewed here.
The plaintiffs have brought an application to sever or stay third party claims issued by the defendant against the Province of Newfoundland & Labrador. The application is to be heard by the court on May 27 – 28, 2013. The plaintiffs’ application record can be viewed here. Counsel continues to prepare for the common issues trial, which is currently expected to proceed between November 2013 – January 2014.
-
March 5, 2013
Examination for discovery of representative plaintiffs:
Two of the representative plaintiffs in this class proceeding were re-examined by the defendant on January 22, 2013. In addition, the proposed substitute representative plaintiff in the St. Anthony action was also examined for discovery on January 22, 2013. All examinations for discovery of the representative plaintiffs and the defendant’s representative are now complete.
Substitution of representative plaintiff:
The plaintiffs have submitted a written application on consent to the court in connection with the substitution of the representative plaintiff in the St. Anthony action. The application record can be viewed here.
Expert reports:
The plaintiffs served three expert reports on January 15, 2013 in accordance with the litigation timetable.
The defendant will no longer be in a position to deliver its expert reports in accordance with the litigation timetable. It is now anticipated that the plaintiffs will receive the defendant’s expert reports by May 31, 2013.
Application to determine preliminary issues of law
The plaintiffs have brought an application to determine the following preliminary issues of law prior to the common issues trial:
(a) did Canada owe a duty of care to the Resident Class?
(b) did Canada owe a fiduciary duty to the Resident Class?
(c) if so, when did those duties arise and what was the extent of those duties?
It is expected that the court will release its decision on the threshold question of whether the application should proceed by March 21, 2013.
Plaintiffs’ discovery application:
The plaintiffs have brought an application regarding deficient answers and refusals to answer questions on the examination for discovery of the defendant’s representative. This application is to be heard by the court on March 21, 2013. The plaintiffs’ application record can be viewed here.
Trial date:
It is now anticipated that the trial of the common issues will take place between November 2013 and January 2014.
-
January 18, 2013
Two of the representative plaintiffs in this class proceeding are to be re-examined by the defendant on January 22, 2013. In addition, the proposed substitute representative plaintiff in the St. Anthony action will also be examined for discovery on January 22, 2013.
-
January 15, 2013
The plaintiffs have now served their expert reports pursuant to the litigation timetable. The defendant’s expert reports are to be delivered by March 15, 2013.
The remaining steps in this action have been scheduled as follows, pursuant to the Honourable Justice Butler’s March 27, 2012 Order, which can be viewed by clicking here.
Discoveries of experts (if any) completed by: May 31, 2013 Pre-trial conference: June 2013 Common issues trial (6 weeks): September-October 2013 -
January 1, 2013
The plaintiffs are bringing a motion to replace one of the representative plaintiffs in the proceeding regarding the St. Anthony Orphanage and Boarding School, due to illness of the previous representative plaintiff.
-
December 19, 2012
The Honourable Justice Butler’s Reasons for Judgment were released today regarding the defendant’s application to re-examine two of the representative plaintiffs regarding their individual experiences at the residential schools they attended. To view the Reasons, please click here. Pursuant to Justice Butler’s Reasons, two of the representative plaintiffs are to be re-examined by the defendant before January 31, 2013.
-
December 5, 2012
Today, the Honourable Justice Butler heard the defendants’ application to re-examine two of the representative plaintiffs regarding their individual experiences at the residential schools they attended. A decision is expected shortly.
-
December 1, 2012
The opt-out deadline for residents of Newfoundland who do not wish to participate in this class proceeding, and the opt-in deadline for non-residents of Newfoundland who wish to participate in this class proceeding expired on November 30, 2012.
-
November 23, 2012
The plaintiffs are bringing an application to determine the following preliminary issues of law prior to the common issues trial:
(a) did Canada owe a duty of care to the Resident Class?
(b) did Canada owe a fiduciary duty to the Resident Class?
(c) if so, when did those duties arise and what was the extent of those duties?
This application is being pursued to substantially dispose of the issues to be determined in the action.
-
November 22, 2012
The defendant has filed an application seeking to re-examine two of the representative plaintiffs regarding their individual experiences at the residential schools they attended. The application will be heard on December 5, 2012.
-
November 21, 2012
Following the failure of its application to add various parties to this action, the defendant has now filed a third party notice against the Province of Newfoundland. To view the third party notice, please click here.
-
November 21, 2012
The defendant has now filed a statement of defence in this action. To view the statement of defence, please click here.
-
November 2, 2012
The examination for discovery of the defendant took place on October 29, 30, 31 and November 1, 2012 in Halifax, Nova Scotia.
-
October 24, 2012
The examination for discovery of the defendant will take place during the week of October 29, 2012, in Halifax, Nova Scotia.
-
October 17, 2012
The decision of the Newfoundland Supreme Court regarding the defendant’s motion to add various parties to the action was released today, denying the defendant’s request.
The defendant attempted, after certification being granted and their appeal dismissed, to add the Province of Newfoundland, various school boards and various religious organizations as defendants to this action on the grounds that these proposed defendants were heavily involved in running the schools at the heart of the action.
The defendant’s request was denied on all grounds, with the Court holding that it is for the plaintiffs to frame their case, and their allegations, as they see fit, and to choose the defendants they sue.
Koskie Minsky is pleased at this result and we continue to prepare for the examination for discovery of the defendant in late October, and for the trial scheduled in September, 2013.
-
September 6, 2012
The examinations for discovery of the representative plaintiffs by counsel to defendant are scheduled to take place from September 10-14 in St. John’s, Newfoundland.
-
May 30, 2012
The Notice Program, disseminating notice of the certification of these class proceedings to the class members, is to commence today. The Notice program will commence with direct mailings of the notice of certification to those class members whose addresses have been provided, followed by the publishing of the notice in various local newspapers and magazines and in local radio and television advertisements over the next two months.
Class members who are resident in Newfoundland must determine whether they want to opt-out of the class proceeding by November 30, 2012. Similarly, class members who are not residents of Newfoundland must determine whether they want to opt-in to the class proceeding by November 30, 2012. More information on opting out and opting in is set out in the notices of certification.
Copies of the notices and opt-in/opt-out forms can also be found on the notice provider’s website www.newfoundlandrscases.ca or in the documents section below.
-
March 1, 2012
The deadline for the defendant to apply for leave to appeal to the Supreme Court of Canada the decision of the Court of Appeal for Newfoundland upholding the certification of these actions as class proceedings passed without an application by the defendant. Accordingly, the certification decision of the Honourable Mr. Justice Fowler, as approved by the Newfoundland Court of Appeal, stands. The next step in this action will be to disseminate notice of certification to the class and to set a litigation timetable.
-
December 22, 2011
In a decision released today, the Newfoundland and Labrador Court of Appeal upheld the lower court decision granting certification of class action status to the five related residential school class actions. To view the decision, please click here.
-
November 15, 2011
A decision from the Newfoundland Court of Appeal in the Defendant’s appeal of the decision of the Honourable Mr. Justice Fowler, which granted certification of this action as a class proceeding, is expected shortly after the new year.
-
October 14, 2011
The parties continue to await the decision of the Newfoundland Court of Appeal in the Defendant’s appeal of the decision of the Honourable Mr. Justice Fowler, which granted certification of this action as a class proceeding. The Defendant’s appeal was heard on November 9, 2010. A decision from the Newfoundland Court of Appeal is expected shortly.
-
July 26, 2011
The Court of Appeal has yet to render its decision from the appeal of the certification decision of the Honourable Mr. Justice Fowler. A decision is expected within the coming months.
-
November 9, 2010
The Defendant’s appeal of the certification decision of the Honourable Mr. Justice Fowler was heard over 2 days by the Newfoundland Court of Appeal on November 9 and 10, 2010. The Court reserved its decision.
-
July 2, 2010
The Defendant is seeking leave to appeal the certification decision of the Honourable Mr. Justice Fowler dated June 7, 2010. The Defendant’s motion for leave to appeal is expected to be heard in October/November 2010.
-
June 7, 2010
In reasons released today, the Honourable Justice Robert A. Fowler of the Supreme Court of Newfoundland and Labrador (Trial Division) held that the actions met all requirements for a class action under the Newfoundland Class Actions Act. The Honourable Justice Fowler certified all five actions to proceed as class actions.
A press release entitled “Newfoundland Court Gives Go Ahead to Five Class Actions Related to Residential Schools in Newfoundland and Labrador” was released to all media on June 7, 2010. The release can be accessed through the “News Releases and Reports” link to the right of this page.
-
January 18, 2010
Despite previous expectations, we have now been advised that a decision from the Honourable Mr. Justice Fowler on the Plaintiffs’ applications for certification will only be available at the end of March 2010 at the earliest.
-
December 15, 2009
The Honourable Mr. Justice Fowler is expected to render his decision on the Plaintiffs’ applications for certification on January 25, 2010.
-
June 4, 2009
All five certification motions were argued before the Honourable Mr. Justice Fowler. The Honourable Mr. Justice Fowler reserved and the Plaintiffs expect the decision to be released in October.
-
October 28, 2008
The Honourable Mr. Justice Fowler ordered that the certification motions are to be heard before the Defendant’s pleadings motion and the Defendant’s motion to force the Plaintiffs to add a party Defendant.
-
March 18, 2008
The Honourable Chief Justice Green of the Supreme Court of Newfoundland and Labrador ordered that the Honourable Mr. Justice Fowler would commonly case-manage the five actions together.
-
November 16, 2016
-
News Releases and Reports
- May 10, 2016 If you attended the Schools in Cartwright, North West River, Makkovik, Nain or St. Anthony run by the International Grenfell Association or the Moravian Church, a class action settlement could affect your rights.
- February 1, 2016 Trial of residential schools class action pauses for talks in surprise development
- November 25, 2015 Canada Commits an Abuse of Process in Newfoundland Indian Residential School Trial
- October 2, 2015 Trial Underway in Newfoundland and Labrador Indian Residential Schools Class Action
- December 22, 2011 Appeal Court Gives Green Light to Labrador Schools Class Action
- June 7, 2010 Newfoundland Court Gives Go Ahead to Five Class Actions Related to Residential Schools in Newfoundland and Labrador
-
Documents
-
Orders and Reasons
- November 7, 2016 Reasons for Decision
- September 30, 2016 Settlement Approval Order
- May 10, 2016 Order re: Settlement Approval Hearing
- January 19, 2016 Reasons
- December 16, 2015 Reasons
- December 9, 2015 Reasons
- December 1, 2015 Reasons
- November 25, 2015 Order
- November 25, 2015 Reasons
- October 23, 2015 Reasons
- October 7, 2015 Reasons
- December 4, 2014 Order
- November 24, 2014 Reasons
- May 27, 2014 Reasons
- November 19, 2013 Reasons
- March 20, 2013 Order
- March 19, 2013 Reasons for Judgment
- March 7, 2013 Order
- December 19, 2012 Reasons for Decision
- October 17, 2012 Reasons for Judgment
- August 28, 2012 Order filed August 28, 2012
- March 27, 2012 Order dated March 27, 2012
- January 30, 2012 Corrigendum filed January 30, 2012
- December 21, 2011 Decision dated December 21, 2011
- March 28, 2008 Amended Order of Chief Justice Green dated March 28, 2008
-
Lockwood School (Anderson et al.)
- July 26, 2012 Consolidation Order
- March 27, 2012 Order
- March 27, 2012 Order Regarding Notice Plan
- January 18, 2012 Order
- October 1, 2010 Notice of Certification Order
- June 24, 2010 Timetable Order
- June 7, 2010 Certification Order
- June 7, 2010 Certification Decision
- December 11, 2008 Order (Defendant's Motion for Particulars)
- October 28, 2008 Reasons for Decision
-
Yale School (Obed et al.)
- July 26, 2012 Consolidation Order
- March 27, 2012 Order Regarding Notice Plan
- January 18, 2012 Order
- October 1, 2010 Notice of Certification Order
- June 24, 2010 Timetable Order
- June 7, 2010 Certification Decision
- June 7, 2010 Certification Order
- December 11, 2008 Order (Defendant's Motion for Particulars)
- October 28, 2008 Reasons for Judgment dated October 28, 2008
-
Nain Boarding School (Asivak et al.)
- July 26, 2012 Consolidation Order
- March 27, 2012 Order Regarding Notice Plan
- January 18, 2012 Order filed January 18, 2012
- October 1, 2010 Notice of Certification Order
- June 24, 2010 Timetable Order dated June 24, 2010
- June 7, 2010 Certification Order
- June 7, 2010 Certification Decision
- March 26, 2009 Order (Amendment to Style of Cause)
- December 11, 2008 Order (Defendant's Motion for Particulars)
- October 28, 2008 Reasons for Judgment
-
St. Anthony Orphanage and Boarding School (Holwell et al.)
- July 26, 2012 Consolidation Order
- March 27, 2012 Order Regarding Notice Plan
- January 18, 2012 Order
- October 1, 2010 Notice of Certification Order
- June 24, 2010 Timetable Order
- June 7, 2010 Certification Decision
- June 7, 2010 Certification Order
- March 26, 2009 Order dated (Amendment to Style of Cause)
- December 11, 2008 Order (Defendant's Motion for Particulars
- October 28, 2008 Reasons for Judgment
-
Makkovik Boarding School (Dickman et al.)
- July 26, 2012 Consolidation Order
- March 27, 2012 Order Regarding Notice Plan
- January 18, 2012 Order filed January 18, 2012
- October 1, 2010 Notice of Certification Order
- June 24, 2010 Timetable Order
- June 7, 2010 Certification Order
- June 7, 2010 Certification Decision
- May 21, 2009 Order (Amendment to Style of Cause)
- December 11, 2008 Order (Defendant's Motion for Particulars)
- October 28, 2008 Reasons for Judgment dated October 28, 2008
-
Pleadings
- December 15, 2015 Fresh as Amended Statement of Claim (Anderson)
- December 15, 2015 Fresh as Amended Statement of Claim (Holwell)
- December 15, 2015 Fresh as Amended Statement of Claim (Asivak)
- December 15, 2015 Fresh as Amended Statement of Claim (Obed)
- December 15, 2015 Fresh as Amended Statement of Claim (Lucy)
- March 14, 2013 Further Amended Statement of Claim
- January 31, 2013 Defence of the Third Party
- November 21, 2012 Third Party Notice File November 21, 2012
-
Orders and Reasons
-
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.
