Newfoundland Residential Schools – 1
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.
