Newfoundland Residential Schools – 7
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.
