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.
Counsel continues to prepare for the common issues trial, which is currently expected to proceed between November 2013 – January 2014.