July 26, 2011
The Defendants have recently amended their statement of defence. Among other things, they allege the parents and guardians of students knew what was happening at the school and allowed it to continue. The Plaintiffs have filed a Reply denying this allegation. The Reply provides that the parents and guardians of students did not accept the Defendants’ treatment of students and were not aware of it.
The Defendants have also been granted permission by the court to advance third party claims against the parents and guardians. They allege the parents and guardians bear some responsibility for what took place at the school. These claims have been stayed until the resolution of the common issues trial and will not significantly impact the progress of this class proceeding. Nevertheless, the Plaintiffs are seeking leave to appeal in order to overturn that decision and prevent the third party claims. The motion for leave to appeal is scheduled for September 21, 2011.