Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29426
Roman Catholic Episcopal Corporation of St. George's, et al. v. John Doe ("a pseudonym"), et al.
(Newfoundland & Labrador) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-06-30 | Payment out cheque issued, ($537.01) | |
| 2006-05-29 | Approved order for payment out, (sent to Finance June 1/06) | |
| 2005-04-12 | Appeal closed | |
| 2005-04-12 | Certificate of taxation issued to, S. Grace (MacLaren, Corlett) | |
| 2005-04-08 |
Decision on the bill of costs, taxed at the amount of $218,478.43 (see long judgment), Reg, In its reasons for judgment delivered on March 25, 2004, dismissing the appeal and cross-appeal, the Court granted "costs of the appeal and the cross-appeal to the respondents/appellants on cross-appeal, John Doe and John Doe, payable by appellant/respondent on cross-appeal, Roman Catholic Episcopal Corporation of St. George's on a solicitor-client basis." The respondents filed three Bills of costs and the appellant objected to them in part. My first observation is that the parties have not taken into account the judgments of the Court on the application for leave to appeal and on the application for leave to cross-appeal, dated April 24, 2003. The application for leave to appeal was "granted with cost in any event of the cause to Roman Catholic Corporation of St. George's payable by John Doe ("a pseudonym") and John Doe ("a pseudonym")." The application for leave to cross-appeal was "granted with cost in any event of the cause to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Roman Catholic Episcopal Corporation of St. George's, Alphonsus Penney, Raymond Lahey, James MacDonald and Roman Catholic Episcopal Corporation of St. Johns's." Given these rulings, the amounts included in the bills of cost relating to these leave proceedings are disallowed. Clearly, the Court's judgment with regard to costs on a solicitor-client basis only applies to the appeal and cross-appeal, hence the calculation of the costs on a solicitor-client basis can only start as of April 28, 2003, the date of the first entry in counsel dockets after the judgments on the leave applications. For the latter, I will assume that the costs cancel each other out. The appellant objects to the number of hours docketed by the respondents as "grossly excessive." I have carefully reviewed the time docketed by Stack and Associates and by Rogers Bussey Drover, in particular with regard to the items described as research, preparation and review. The total time claimed in this regard by Stack and Associates amounts to 265 hours and by Rogers Bussey Drover to 96 hours. Costs on a solicitor-client basis are "intended, so far as is consistent with fairness to the opposite party, to provide complete indemnity to the client as to costs essential to, and arising within, the four corners of litigation." Re solicitors, [1967] 2 O.R. 137 (H.C.J.) at p. 142. I note that the preparatory work enabled the respondents to file a joint factum. In such a situation, it is incumbent on counsel working in parallel to avoid duplication of time and effort. A review of their docketed time indicates an overlap of activities. I would therefore strike out 15 per cent of the hours claimed for research, preparation and review, reducing them to 225 hours and 82 hours respectively. The disbursements, being agreed upon, will be taxed as requested. In summary: - Costs claimed prior to April 28, 2003 are disallowed in the three bills of costs. Although I assume that the co Allowed in part |
|
| 2005-02-07 | Submission of the bill of costs, Reg | |
| 2004-11-22 | Reply to the bill of costs, 2 copies - book form, Completed on: 2004-11-22 | John Doe ("a pseudonym") |
| 2004-11-15 | Response to the bill of costs, 2 copies (book form), Completed on: 2004-11-15 | Roman Catholic Episcopal Corporation of St. George's |
| 2004-11-03 | Correspondence received from, J. Beedell dated Nov. 2, 2004 (via e-mail and courier) re: will file a formal response in opposition to the bill of costs | Roman Catholic Episcopal Corporation of St. George's |
| 2004-10-21 | Bill of costs, (book form), Completed on: 2004-10-21 | John Doe ("a pseudonym") |
| 2004-06-08 | Record returned to the Registrar of the Court of Appeal | |
| 2004-03-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-03-25 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 00/76, 00/77, dated August 23, 2002, heard on January 14, 2004 and the cross-appeal are dismissed with costs of the appeal and cross-appeal to the respondents/appellants on cross-appeal, John Doe and John Doe, payable by the appellant/respondent on cross-appeal, Roman Catholic Episcopal Corporation of St. George's on a solicitor-client basis. Dismissed, with costs |
|
| 2004-01-27 | Transcript received, (96 pages) | |
| 2004-01-14 | Judgment reserved OR rendered with reasons to follow | |
| 2004-01-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-01-14 |
Hearing of the appeal, 2004-01-14, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-01-13 | Correspondence received from, A. Turley dated Jan. 13, 2004 (fax copy) re: in response to Mr. Sammon's letter dated Jan. 12, 2004 | Attorney General of Canada |
| 2004-01-12 | Correspondence received from, G. Adair dated Jan. 12, 2004 and addressed to W. Sammon (fax copy) re: order of oral argument | Roman Catholic Episcopal Corporation of St. George's |
| 2004-01-09 | Correspondence received from, G. Adair dated Jan. 12, 2004 (fax copy) re: time allotted | Roman Catholic Episcopal Corporation of St. George's |
| 2004-01-09 | Notice of appearance, Geoffrey D.E. Adair, Q.C. and Krista Springstead will be present at hearing. | Roman Catholic Episcopal Corporation of St. George's |
| 2004-01-08 | Correspondence received from, Geoffrey D.E. Adair, Q.C. - re: time allocation for oral arguments (consultation with parties). | Roman Catholic Episcopal Corporation of St. George's |
| 2004-01-05 | Notice of appearance, (Anne M. Turley will be present at hearing) | Attorney General of Canada |
| 2004-01-05 |
Order by, Ma, UPON APPLICATIONS by the Canadian Conference of Catholic Bishops and the Attorney General of Canada, for leave to intervene in the above appeal and cross-appeal and pursuant to the order of November 13, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2003-12-22 | Book of authorities, 15 copies - Vol. 1 & 2 (pages 86 and 87 sent to the judges on Jan. 12/04), Completed on: 2003-12-22 | Canadian Conference of Catholic Bishops |
| 2003-12-22 | Book of authorities, 14 copies, Completed on: 2003-12-22 | Attorney General of Canada |
| 2003-12-22 | Intervener's factum, See order of Nov 13/03, Completed on: 2003-12-22 | Attorney General of Canada |
| 2003-12-22 | Intervener's factum, See order of Nov 13/03- pages 86 & 87 recvd Jan12/04 with service- submitted to judges., Completed on: 2003-12-22 | Canadian Conference of Catholic Bishops |
| 2003-12-09 | Respondent's book of authorities - cross appeal, Completed on: 2003-12-09 | Raymond Lahey |
| 2003-12-05 | Respondent's factum - cross appeal, Completed on: 2003-12-05 | Raymond Lahey |
| 2003-12-03 | Respondent's record - cross appeal | Roman Catholic Episcopal Corporation of St. John's |
| 2003-12-03 | Respondent's factum - cross appeal, Completed on: 2003-12-03 | Roman Catholic Episcopal Corporation of St. John's |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-01-14 Judgment reserved |
|
| 2003-11-13 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2003-11-13 |
Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicant, the Canadian Conference of Catholic Bishops, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 22, 2003. The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before December 22, 2003. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2003-11-13 | Submission of motion for leave to intervene, Ma | |
| 2003-11-12 | Response to the motion for leave to intervene, (Letter Form), from J. W. Beedell dated Nov. 10/03 (by fax), Completed on: 2003-11-12 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-11-12 | Response to the motion for leave to intervene, (Letter Form), from S. J. Grace dated Nov. 10/03 (by fax), Completed on: 2003-11-12 | John Doe ("a pseudonym") |
| 2003-11-10 | Response to the motion for leave to intervene, (Letter Form), Gowlings (by e-mail), Completed on: 2003-11-10 | Raymond Lahey |
| 2003-11-10 | Reply to the motion for leave to intervene, (2 copies), Completed on: 2003-11-10 | Canadian Conference of Catholic Bishops |
| 2003-11-06 | Correspondence received from, (Letter Form), W. J. Sammon re: will file reply to motion to intervene | Canadian Conference of Catholic Bishops |
| 2003-10-24 | Respondent's factum - cross appeal, (joint with response to subrule 29(3)), Completed on: 2003-10-24 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-10-16 | Reply to the motion for leave to intervene, (Letter Form), from Anne M. Turley dated 10/16/03 re: intervention in the appeal and cross-appeal, Completed on: 2003-10-16 | Attorney General of Canada |
| 2003-10-14 | Appeal perfected for hearing | |
| 2003-10-10 | Respondent's book of authorities, Completed on: 2003-10-10 | John Doe ("a pseudonym") |
| 2003-10-10 | Respondent's record, Completed on: 2003-10-10 | John Doe ("a pseudonym") |
| 2003-10-10 | Appellant's factum - cross appeal, joint with respondents' factum, Completed on: 2003-10-10 | John Doe ("a pseudonym") |
| 2003-10-10 | Respondent's factum, joint with appellants' factum on cross-appeal, Completed on: 2003-10-10 | John Doe ("a pseudonym") |
| 2003-10-03 | Response to the motion for leave to intervene, (Letter Form), from Geoffrey E.D. Adair, Q.C. dated 10/03/03 (correspondence rec'd Nov. 7/03 including copy of letter and fax cover sheet), Completed on: 2003-10-03 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-10-01 | Response to the motion for leave to intervene, (Letter Form), H. S. Brown, Q.C., Completed on: 2003-10-01 | Raymond Lahey |
| 2003-09-23 | Correspondence received from, H.S. Brown, Q.C. re: respondents on cross-appeal only - will file their factum eight weeks after Appellant's factum on cross-appeal | Raymond Lahey |
| 2003-09-15 | Motion for leave to intervene, book form, Completed on: 2003-09-15 | Attorney General of Canada |
| 2003-09-12 | Motion for leave to intervene, (book form), Completed on: 2003-09-12 | Canadian Conference of Catholic Bishops |
| 2003-09-11 | Correspondence received from, J. W. Beedell re: enclosing 2 pages bearing the signatures of the Court of Appeal judges (by fax) | Roman Catholic Episcopal Corporation of St. George's |
| 2003-09-09 | Correspondence (sent by the Court) to, S. Hutchings and parties re: acknowledge receipt of his letter dated Aug. 28, 2003 (sent by fax) | |
| 2003-08-28 | Correspondence received from, J. Hutchings of Poole, Althouse (Coporate counsel) dated Aug. 28, 2003 (fax copy) re: conflict between the insured and the insurer | Roman Catholic Episcopal Corporation of St. George's |
| 2003-08-18 | Appellant's book of authorities, Completed on: 2003-08-18 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-08-18 | Appellant's record, Vol. I & II (C/A reasons not signed - 2 pages replaced Sept. 11/03), Completed on: 2003-09-11 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-08-18 | Appellant's factum, Completed on: 2003-08-18 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-06-11 | Appeal court record, (2 boxes) | |
| 2003-05-27 | Notice of deposit for security | Roman Catholic Episcopal Corporation of St. George's |
| 2003-05-26 | Notice of appeal, Completed on: 2003-05-26 | Roman Catholic Episcopal Corporation of St. George's |
| 2003-05-20 | Notice of cross appeal, Completed on: 2003-05-20 | John Doe ("a pseudonym") |
| 2003-04-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-04-25 | Judgment on leave sent to the parties | |
| 2003-04-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland & Labrador, Number 2002 NFCA 47 - 00/76 and 00/77, dated August 23, 2002, is granted with costs in any event of the cause to Roman Catholic Corporation of St. George's payable by John Doe ("a pseudonym") and John Doe ("a pseudonym"). Granted, with costs |
|
| 2003-04-24 |
Judgment of the Court on the application for leave to cross-appeal, The application for leave to cross-appeal is granted with costs in any event of the cause to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Roman Catholic Episcopal Corporation of St. George's, Alphonsus Penney, Raymond Lahey, James MacDonald and Roman Catholic Episcopal Corporation of St. John's. Granted, with costs |
|
| 2003-04-24 |
Decision on motion to strike out, The motion to strike is dismissed with costs to John Doe ("a pseudonym") and John Doe ("a pseudonym") payable by Alphonsus Penney, Raymond Lahey and James MacDonald. Dismissed, with costs |
|
| 2003-03-03 | All material on the application for leave to cross-appeal submitted to the Judges, CJ Ba De | |
| 2003-03-03 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-03-03 | Submission of miscellaneous motion, CJ Ba De | |
| 2003-03-03 | Submission of motion to strike out, CJ Ba De | |
| 2003-02-05 | Book of authorities, re: misc. motion - book form | Raymond Lahey |
| 2003-02-05 | Response to miscellaneous motion, (conditional response) - book form, Completed on: 2003-02-05 | Raymond Lahey |
| 2003-01-23 | Response to miscellaneous motion, Completed on: 2003-01-23 | Roman Catholic Episcopal Corporation of St. John's |
| 2003-01-22 | Order on motion to strike out, (BY IACOBUCCI, J.) | |
| 2003-01-22 |
Decision on motion to strike out, the conditional motion for leave to cross-appeal filed by John Doe ("a pseudonym") and John Doe ("a pseudonym") Referred |
|
| 2003-01-22 | Submission of motion to strike out, Ia | |
| 2003-01-21 | Correspondence received from, H. Brown dated Jan. 21; re: no affidavit is filed in support the the motion to strike | Raymond Lahey |
| 2003-01-14 | Reply to motion to strike out, 2 copies, Completed on: 2003-01-15 | Raymond Lahey |
| 2003-01-10 | Notice of miscellaneous motion, (conditional motion to add remaining parties and to amend the style of cause/requête conditionnelle pour ajouter les parties restantes et amender l'intitulé de cause )(joint with response to motion to strike out/jointe à la réponse pour radiation), Completed on: 2003-01-10 | John Doe ("a pseudonym") |
| 2003-01-10 | Response to motion to strike out, book form/format livre (joint), Completed on: 2003-01-10 | John Doe ("a pseudonym") |
| 2003-01-03 | Correspondence received from, H. Brown dated/datée 02-01-03 (fax copy/télécopieur) re: consent to file a response to motion to strike out to Jan. 10, 2003/consentement à produire la réponse à la requête pour radiation au 10-01-03 | Raymond Lahey |
| 2002-12-30 | Correspondence received from, S. Grace dated/datée 30-12-02 re: will respond to the motion by Jan. 10, 2003/déposera une réponse à la requête le 10-01-03 | John Doe ("a pseudonym") |
| 2002-12-20 | Memorandum of argument in response to the cross-appeal, Completed on: 2002-12-20 | Roman Catholic Episcopal Corporation of St. John's |
| 2002-12-20 | Memorandum of argument in response to the cross-appeal, (joint), Completed on: 2002-12-20 | Roman Catholic Episcopal Corporation of St. George's |
| 2002-12-20 | Applicant's reply to respondent's argument, (joint with response to conditional cross-appeal/joint avec réponse sur appel-incident conditionnel), Completed on: 2002-12-20 | Roman Catholic Episcopal Corporation of St. George's |
| 2002-12-20 | Notice of change of solicitor, (from Lewis, Sinnott to Harrison, Pensa) | Roman Catholic Episcopal Corporation of St. John's |
| 2002-12-19 | Motion to strike out, (to strike out the conditional notice of application for leave to cross-appeal/pour radier l'avis conditionnel d'appel-incident) - book form/format livre - 2 copies, Completed on: 2002-12-19 | Raymond Lahey |
| 2002-12-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-11-20 | Application for leave to cross-appeal, (of 35 respondents/de 35 intimés)(conditional/conditionnel)(joint with response on leave/joint avec réponse sur la demande), Completed on: 2002-11-20 | John Doe ("a pseudonym") |
| 2002-11-20 | Application for leave to cross-appeal, of one of the respondent/d'un intimé)(conditional/conditionnel)(joint with response on leave/joint à la réponse sur la demande), Completed on: 2002-11-20 | John Doe ("a pseudonym") |
| 2002-11-20 | Respondent's response on the application for leave to appeal, (of 35 of the respondents/de 35 intimés)(joint with conditional cross-appeal/joint avec appel-incident conditionel), Completed on: 2002-11-20 | John Doe ("a pseudonym") |
| 2002-11-20 | Respondent's response on the application for leave to appeal, (of one respondent/d'un intimé)(joint with conditional leave to cross-appeal/joint avec appel-incident conditionnel), Completed on: 2002-11-20 | John Doe ("a pseudonym") |
| 2002-10-23 | Application for leave to appeal, (judgment of C.A. not signed/jugement de la C.A. non signé)(received on Jan. 13, 2003), Completed on: 2003-01-13 | Roman Catholic Episcopal Corporation of St. George's |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Roman Catholic Episcopal Corporation of St. George's | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| John Doe ("a pseudonym") | Respondent | Active |
| John Doe ("a pseudonym") | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| John Doe ("a pseudonym") | Appellant on cross-appeal | Active |
| John Doe ("a pseudonym") | Appellant on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Roman Catholic Episcopal Corporation of St. George's | Respondent on cross-appeal | Active |
| Lahey, Raymond | Respondent on cross-appeal | Active |
| Penney, Alphonsus | Respondent on cross-appeal | Active |
| MacDonald, James | Respondent on cross-appeal | Active |
| Roman Catholic Episcopal Corporation of St. John's | Respondent on cross-appeal | Active |
| and The Roman Catholic Church | Respondent on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Conference of Catholic Bishops | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Roman Catholic Episcopal Corporation of St. George's
Counsel
One Queen Street East
Suite 1800
Toronto, Ontario
M5C 2W5
Telephone: (416) 863-1230
FAX: (416) 863-1241
Email: gadair@adairmorse.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: John Doe ("a pseudonym")
Counsel
325 Duckworth Street
P.O. Box 637
St. John's, Newfoundland & Labrador
A1C 5K8
Telephone: (709) 753-6066
FAX: (709) 753-3608
Email: g.stack@roadrunner.nf.net
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: John Doe ("a pseudonym")
Counsel
209 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 5W1
Telephone: (709) 753-5805
FAX: (709) 753-5221
Email: rroger@wrmmlaw.com
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Penney, Alphonsus
Counsel
Suite 900, Atlantic Place
Water Street, P. O. Box 1538
St. John's, Newfoundland & Labrador
A1C 5N8
Telephone: (709) 579-2081
FAX: (709) 579-2647
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Lahey, Raymond
Counsel
Suite 900, Atlantic Place
Water Street, P. O. Box 1538
St. John's, Newfoundland & Labrador
A1C 5N8
Telephone: (709) 579-2081
FAX: (709) 579-2647
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Roman Catholic Episcopal Corporation of St. John's
Counsel
450 Talbot Street, Box 3237
London, Ontario
N6A 4K3
Telephone: (519) 679-9660
FAX: (519) 667-3362
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: MacDonald, James
Counsel
Suite 900, Atlantic Place
Water Street, P. O. Box 1538
St. John's, Newfoundland & Labrador
A1C 5N8
Telephone: (709) 579-2081
FAX: (709) 579-2647
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: and The Roman Catholic Church
This party is not represented by counsel.
Party: Canadian Conference of Catholic Bishops
Counsel
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Attorney General of Canada
Counsel
Department of Justice
234 Wellington Street, room 1148, East Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2347
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Kevin Bennett, between 1961 and 1989, was Roman Catholic priest in the diocese of St. George’s, Newfoundland. During that time, by his own admission, he committed sexual assault on all 36 of the Respondents (“victims”) who commenced civil actions against him and the other defendants. At trial, Bennett was found liable to the Respondents for the intentional tort of sexual assault. The second defendant, Alphonsus Penney was not found to be vicariously liable for Bennett’s intentional torts but was liable in negligence to the Respondents who were sexually assaulted by Bennett after September 28, 1979. The actions against the third defendant, James MacDonald and the fifth defendant, the Roman Catholic Episcopal Corporation of St. John’s (“St. John’s”) were dismissed. The fourth defendant, Raymond Lahey as successor to Bishop McGrath and the sixth defendant, the Roman Catholic Episcopal Corporation of St. George’s (“St. George’s”) were found vicariously liable to all of the Respondents. Finally, no finding of liability against the Roman Catholic Church was found.
On appeal, all claims of personal liability were dismissed. The findings of personal liability against Archbishop Penney and Bishop Lahey were set aside. The trial judge’s dismissal of the actions against Archbishop MacDonald and the Roman Catholic Episcopal Corporation of St. John’s were upheld, as was the finding that there was no basis to impose liability on the Roman Catholic Church. Lastly, the Roman Catholic Episcopal Corporation of St. George’s was found directly liable, but the trial judge’s finding of vicarious liability was set aside.
Lower court rulings
Supreme Court of Newfoundland and Labrador, Court of Appeal
1994 ST. J. No. 3503
Appellant declared vicariously liable to the Respondents for the torts of Father Bennett
Supreme Court of Newfoundland and Labrador - Court of Appeal
00/76, 00/77
Appellant's appeal dismissed insofar as its liability is direct but allowed insofar as its liability is vicarious; Respondent's corss-appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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