Newfoundland Residential Schools – 18

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?

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.

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