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30176

Frederick Leroy Barney, et al. v. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development, et al.

(British Columbia) (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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2005-11-30 Appeal closed
2005-11-29 Correspondence received from, Peter R. Grant dated Nov. 29/05 re: citation Frederick Leroy Barney
2005-11-14 Correspondence (sent by the Court) to, Peter R. Grant in response to his letter dated Nov. 7/05
2005-11-07 Correspondence received from, Peter R. Grant dated Nov. 7/05 re: citation and name of counsel Frederick Leroy Barney
2005-10-24 Formal judgment sent to the registrar of the court of appeal and all parties
2005-10-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-10-21 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal of Frederick Leroy Barney from the judgment of the Court of Appeal for British Columbia (Vancouver), Docket Numbers CA024796, CA028840, CA028841, CA028844, CA028845, CA028846, CA028847, CA028848 and CA028853, dated December 10, 2003, heard on May 16, 2005, is dismissed and the appeal of Canada is allowed in part. The judgment of the trial judge on the issues of joint vicarious liability against the United Church and Canada, and assessment and apportionment of damages, is restored. The judgment of the Court of Appeal on the issue of charitable immunity is set aside. The Court of Appeal's award to Mr. Barney for loss of future earning opportunity is upheld. Each party is to bear its own costs.
Allowed in part
2005-07-08 Correspondence received from, David Paterson, re: Lock-up Patrick Dennis Stewart
2005-07-08 Correspondence received from, Christopher E. Hinkson, Q.C., re: Lock-up The United Church of Canada
2005-07-07 Correspondence received from, Peter R. Grant, re: Lock-up Frederick Leroy Barney
2005-07-07 Correspondence received from, Mitchell R. Taylor, re: Lock-up Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-07-05 Correspondence (sent by the Court) to, all parties, re: proposed Lock-up
2005-06-01 Transcript received, 146 pages
2005-05-16 Judgment reserved OR rendered with reasons to follow
2005-05-16 Acknowledgement and consent for video taping of proceedings, from all parties.
2005-05-16 Respondent's condensed book, submitted in Court - 14 copies. The United Church of Canada
2005-05-16 Appellant's condensed book, submitted in Court - 14 copies Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-05-16 Appellant's condensed book, submitted in Court - 14 copies. Frederick Leroy Barney
2005-05-16 Hearing of the appeal, 2005-05-16, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-05-12 Notice of appearance, Advised by Gowlings that Christopher E. Hinkon, Q.C. and Bernard S. Buettner will be present at the hearing. The United Church of Canada
2005-05-12 Notice of appearance, advised by Gowlings that Peter R. Grant, Diane H. Soroka and Allan Early will be present at the hearing. Frederick Leroy Barney
2005-05-06 Notice of appearance, Marie Elena O'Donnell will be present at the hearing. Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-05-04 Order on motion to extend time
2005-05-03 Notice of appearance, Jack R. London and Bryan P. Schwartz will be present at the hearing. Assembly of First Nations
2005-05-03 Decision on motion to extend time, to serve and file the interveners, LEAF, NWAC and DAWN Canada, factum and book of authorities to Apr. 25/05 and to present oral argument at the hearing of the appeal, F
Granted
2005-05-03 Submission of motion to extend time, F
2005-05-02 Order by, F, FURTHER TO THE ORDER of Fish J. dated March 29, 2005, granting leave to intervene to the Assembly of First Nations and the Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada;

IT IS HEREBY FURTHER ORDERED THAT the intervener Assembly of First Nations, is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

IT IS HEREBY FURTHER ORDERED THAT the joint interveners, Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada, are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2005-04-25 Book of authorities, (Vol. I and II), Completed on: 2005-04-25 Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-04-25 Intervener's factum, Completed on: 2005-04-25 Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-04-21 Notice of appearance, Mitchell R. Taylor and James M. Ward will be present at the hearing. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-04-21 Response to motion to extend time, (Letter Form), from Mitchell Taylor dated Apr. 19/05, Completed on: 2005-04-21 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-04-19 Motion to extend time, to file the interveners' factum and authorities to Apr. 25/05, Completed on: 2005-04-19 Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-04-18 Book of authorities, Completed on: 2005-04-18 Assembly of First Nations
2005-04-18 Intervener's factum, Completed on: 2005-04-18 Assembly of First Nations
2005-04-14 Discontinuance of miscellaneous motion, (Letter Form), from Peter R. Grant dated Apr. 14/05 Frederick Leroy Barney
2005-04-08 Reply to miscellaneous motion, affidavit of Cinde O'Neil sworn Apr. 8/05, Completed on: 2005-04-08 Frederick Leroy Barney
2005-04-04 Correspondence received from, (by e-mail) P.R. Grant; re: that motion for the production of documents be held in abeyance Frederick Leroy Barney
2005-03-29 Order on motion for leave to intervene
2005-03-29 Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Assembly of First Nations, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 18, 2005.
The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, the Native Women's Association of Canada and the DisAbled Women's Network Canada, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before April 18, 2005.
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 raise new issues or 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
2005-03-29 Submission of motion for leave to intervene, F
2005-03-24 Respondent's book of authorities, (1st application), Completed on: 2005-03-24 The United Church of Canada
2005-03-24 Respondent's factum, (1st application), Completed on: 2005-03-24 The United Church of Canada
2005-03-24 Respondent's book of authorities, (1st application), Completed on: 2005-03-24 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-24 Respondent's record, Completed on: 2005-03-24 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-24 Respondent's factum, (1st application), Completed on: 2005-03-24 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-22 Response to miscellaneous motion, (bookform), Completed on: 2005-03-22 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-18 Correspondence received from, Diane Soroka dated Mar. 17/05 re: request one full day for the hearing - consent of all parties included Frederick Leroy Barney
2005-03-14 Book of authorities, on miscellaneous motion, Completed on: 2005-03-14 Frederick Leroy Barney
2005-03-14 Notice of miscellaneous motion, for discovery and production (bookform), Completed on: 2005-03-14 Frederick Leroy Barney
2005-03-10 Respondent's book of authorities, Service missing, Incomplete Patrick Dennis Stewart
2005-03-10 Respondent's book of authorities, (1st application), Completed on: 2005-03-10 Frederick Leroy Barney
2005-03-10 Respondent's record, (form 39 rec'd March 17/05, Completed on: 2005-03-17 Frederick Leroy Barney
2005-03-10 Respondent's factum, Completed on: 2005-03-10 Frederick Leroy Barney
2005-03-10 Respondent's factum, Completed on: 2005-03-10 Patrick Dennis Stewart
2005-03-10 Reply to the motion for leave to intervene, (Letter Form), (Jack London with cc. to all parties), Completed on: 2005-03-09 Assembly of First Nations
2005-03-09 Reply to the motion for leave to intervene, (Letter Form), (Mrs. Fiona Sampson dated Mar. 8/05), Completed on: 2005-03-09 Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-03-09 Appeal perfected for hearing
2005-03-08 Respondent's book of authorities, Completed on: 2005-03-08 The United Church of Canada
2005-03-08 Respondent's record, Completed on: 2005-03-08 The United Church of Canada
2005-03-08 Respondent's factum, Completed on: 2005-03-08 The United Church of Canada
2005-03-08 Response to the motion for leave to intervene, (Letter Form), from Peter R. Grant dated March 07/05 (by LEAF, NWAC & DAWN), Completed on: 2005-03-08 Frederick Leroy Barney
2005-03-04 Response to the motion for leave to intervene, (Letter Form), from Mitchell Taylor dated March 04/05 (by AFN), Completed on: 2005-03-04 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-04 Response to the motion for leave to intervene, (Letter Form), from Mitchell Taylor dated March 04/05 (by LEAF, NWAC & DAWN), Completed on: 2005-03-04 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-03-04 Response to the motion for leave to intervene, e-mail from Gowlings dated March 4/05 (by LEAF and AFN), Completed on: 2005-03-04 Frederick Leroy Barney
2005-03-02 Supplemental document, Notice of Agent representing two opposing parties recvd from Gowlings advising both parties consent. Frederick Leroy Barney
2005-03-02 Notice of hearing sent to parties
2005-03-02 Appeal hearing scheduled, 2005-05-16
Judgment reserved
2005-02-25 Motion for leave to intervene, (bookform), Completed on: 2005-03-01 Assembly of First Nations
2005-02-24 Motion for leave to intervene, (bookform), Completed on: 2005-02-24 Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)
2005-02-24 Correspondence received, from Jeffrey W. Beedell dated Feb. 24/05 re: will not be filing an intervener motion
2005-02-08 Correspondence received, J. Beedell dated Feb. 8, 2005 (fax copy) re: filing of interventions's motions pursuant to Rule 56 (b)
2005-01-28 Appellant's record, (Vol. IV to XV + Index to the record)(SEE case note), Completed on: 2005-01-28 Frederick Leroy Barney
2005-01-28 Appellant's book of authorities, Completed on: 2005-01-28 Frederick Leroy Barney
2005-01-28 Appellant's factum, Completed on: 2005-01-28 Frederick Leroy Barney
2005-01-12 Appellant's record, (Vol. I to VI) (Vol. I, II & III are joint with Barney), Completed on: 2005-02-02 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-01-12 Appellant's book of authorities, (2nd Application), Completed on: 2005-01-12 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2005-01-12 Appellant's factum, (2nd Application), Completed on: 2005-01-12 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-11-05 Notice of appeal, (1st Application), Completed on: 2004-11-05 Frederick Leroy Barney
2004-11-02 Correspondence received from, Mr. Grant re: there will not be any constitutional question Frederick Leroy Barney
2004-11-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-10-21 Notice of appeal, (2nd Application), Completed on: 2004-10-21 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-10-18 Correspondence received from, P. R. Grant dated Oct. 14/04 re: confirming new law firm's name now Hutchins Grant & Associates (by fax) Frederick Leroy Barney
2004-10-08 Judgment on leave sent to the parties
2004-10-07 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA024796, CA028840, CA028841, CA028844, CA028845, CA028846, CA028847, CA028848 and CA028853, dated December 10, 2003, are granted with costs in any event of the cause to the applicant, Frederick Leroy Barney on the first application and with costs in any event of the cause to the respondents Frederick Leroy Barney, M.W. (2) and Patrick Dennis Stewart on the second application.
Granted, with costs
2004-06-28 All materials on application for leave submitted to the Judges, Ma Bi F
2004-05-13 Correspondence received from, Mitchell Taylor dated May 11/04 - fax copy - re: cost and disbursements of R.A.F and Patrick Denis Stewart Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-05-13 Respondent's response on the application for leave to appeal, (Letter Form), from David Paterson Law - do not oppose second leave application be granted (fax copy)., Completed on: 2004-05-13 Patrick Dennis Stewart
2004-05-13 Respondent's response on the application for leave to appeal, (Letter Form), from Hutchins, Soroka & Grant - do not oppose second leave application be granted (fax copy)., Completed on: 2004-05-13 R.A.F, R.J.J. and M.L.J
2004-05-12 Correspondence received from, Mitchell Taylor, letter with Court order with signatures of parties, copy of order submitted to the Court of Appeal May 12 for judge's signature. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-05-12 Correspondence received from, Peter R. Grant - fax copy of order without signatures. Official with signatures to follow next week (May 17-21) Frederick Leroy Barney
2004-05-10 Correspondence received from, Department of Justice - Mitchell Taylor advising that one signature is missing on C/A order. It is being dealt with on an expidited basis. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-04-16 Correspondence received from, Peter R. Grant advising that the Appeal Court order should be received shortly. Frederick Leroy Barney
2004-04-02 Correspondence received, by e-mail from D. Wissman confirming the active parties in the second application.
2004-03-24 Letter acknowledging receipt of an incomplete application for leave to appeal, (SECOND APPLICATION)
2004-03-24 Letter acknowledging receipt of an incomplete application for leave to appeal, (FIRST APPLICATION)
2004-03-19 Applicant's reply to respondent's argument, (SECOND APPLICATION) - reply to the response of the United Church of Canada., Completed on: 2004-03-19 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-03-19 Applicant's reply to respondent's argument, (FIRST APPLICATION) - reply to the response of Her Majesty the Queen in Right of Canada., Completed on: 2004-03-19 Frederick Leroy Barney
2004-03-19 Applicant's reply to respondent's argument, (FIRST APPLICATION) reply to the response of the United Church of Canada, Completed on: 2004-03-19 Frederick Leroy Barney
2004-03-18 Correspondence received from, Mitchell Taylor stating that they will file a reply to the first application with an extension for time. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-03-12 Book of authorities, (SECOND APPLICATION) Patrick Dennis Stewart
2004-03-10 Book of authorities, (SECOND APPLICATION) filed by: M.W. and Frederick Leroy Barney Frederick Leroy Barney
2004-03-10 Respondent's response on the application for leave to appeal, (SECOND APPLICATION) filed by: M.W. and Frederick Leroy Barney, Completed on: 2004-03-10 Frederick Leroy Barney
2004-03-10 Respondent's response on the application for leave to appeal, (SECOND APPLICATION), Completed on: 2004-03-10 The United Church of Canada
2004-03-10 Respondent's response on the application for leave to appeal, (FIRST APPLICATION), Completed on: 2004-03-10 The United Church of Canada
2004-03-09 Respondent's response on the application for leave to appeal, (SECOND APPLICATION), Completed on: 2004-03-09 Patrick Dennis Stewart
2004-03-08 Book of authorities, (FIRST APPLICATION) Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-03-08 Respondent's response on the application for leave to appeal, (responding to Mr. Barney's application (FIRST APPLICATION), Completed on: 2004-03-08 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-02-24 Correspondence received from, stating that there is a publication ban in Blackwater v. Plint, et al. Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-02-24 Correspondence received from, stating that there is no publication ban in Barney v. HMTQ. Frederick Leroy Barney
2004-02-09 Application for leave to appeal, (SECOND APPLICATION) Vol. I, II and III - C/A order (recvd May 17/04)., Completed on: 2004-05-18 Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development
2004-02-09 Book of authorities, (FIRST APPLICATION) Frederick Leroy Barney
2004-02-09 Application for leave to appeal, (FIRST APPLICATION) - Vol I, II and III. - requested C/A order (recvd May 17/04)., Completed on: 2004-05-18 Frederick Leroy Barney

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

Main parties - Appellants
Name Role Status
Barney, Frederick Leroy Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development Respondent Active
The United Church of Canada Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
The United Church of Canada Respondent Active
R.A.F, R.J.J. and M.L.J Respondent Active
M.W. (2) Respondent Active
Barney, Frederick Leroy Respondent Active
Stewart, Patrick Dennis Respondent Active

Other parties

Other parties
Name Role Status
Assembly of First Nations Intervener Active
Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada) Intervener Active

Counsel

Party: Barney, Frederick Leroy

Counsel
Peter R. Grant
Diane H. Soroka
Hutchins Grant & Associates
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
Email: pgrant@hsgnativelaw.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen in Right of Canada as represented by The Minister of Indian Affairs and Northern Development

Counsel
Mitchell R. Taylor
James M. Ward
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2287
FAX: (604) 666-5925
Email: mitch.taylor@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
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

Party: The United Church of Canada

Counsel
Christopher E. Hinkson, Q.C.
Bernard S. Buettner
Harper Grey Easton
3200 - 650 Georgia St. West
Box 11504
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Email: chinkson@hgelaw.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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: Stewart, Patrick Dennis

Counsel
David Paterson
David Paterson Law Corporation
302 - 10252 - 135 Street
Surrey
British Columbia
V3T 4C2
Telephone: (604) 951-0435
FAX: (604) 585-1740
Email: davidp@shaw.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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: M.W. (2)

Counsel
Peter R. Grant
Hutchins Grant & Associates
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
Email: pgrant@hsgnativelaw.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: R.A.F, R.J.J. and M.L.J

Counsel
Peter R. Grant
Hutchins Grant & Associates
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
Email: pgrant@hsgnativelaw.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Assembly of First Nations

Counsel
Jack R. London, Q.C.
Brian P. Schwartz
Pitblado
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Agent
Marie-France Major
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Women's Legal Education and Action Fund (LEAF), Native Women's Association of Canada (NWAC) and DisAbled Women's Network of Canada (DAWN Canada)

Counsel
Fiona Sampson
Marie Elena O'Donnell
Women's Legal Education & Action Fund
2 Carlton Street
Suite 1307
Toronto, Ontario
M5B 1J3
Telephone: (416) 595-7170 Ext: 223
FAX: (416) 595-7191
Email: f.sampson@leaf.ca
Agent
Carole J. Brown
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

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.

In 1996, twenty-seven former residents of the Alberni Indian Residential School (“AIRS”) brought four actions against the United Church and Canada for damages for sexual abuse and other harm that occurred while residents at the school during the 1940’s, 1950’s and 1960’s. Canada owned and maintained the land and buildings from 1911 until the school was closed in 1973. Canada and the Presbyterian Church entered into a written contract in 1911 that governed their relationship. In 1925 the United Church of Canada was formed and from that time on, the United Church was involved in running AIRS. In 1962, Canada and the Church entered into a new agreement. In this agreement, Church officials were referred to as the “Management”, but Canada had to approve the Church’s selection of principal.

The first set of reasons in 1998 dealt with the issue of vicarious liability of Canada and the United Church for the actions of certain staff members who were alleged to have sexually assaulted and committed other acts of violence against the plaintiffs. The second set of reasons, issued in 2001, dealt with other liability issues and damages. Many cases had settled between the first and second phases. The trial judge found that the allegations of paedophilic sexual assault by Arthur Plint, who was employed as a dormitory supervisor at the school from 1948 until 1953 and again from 1963 until 1968, had been established in six actions. All other causes of action for cultural losses, negligence and breach of fiduciary duty were dismissed as statute-barred. Specifically, the trial judge ordered that all claims except those of a sexual nature were dismissed as statute-barred. Plint was held liable to the six plaintiffs for sexual assaults committed against them. Canada was held liable on the basis of a breach of a non-delegable statutory duty to the six plaintiffs for sexual assaults committed against them by Plint. The six plaintiffs were granted judgment, jointly and severally, against Canada, the United Church and Plint.

The six plaintiffs were also granted punitive damages assessed against Plint. The Church and Canada were jointly granted judgment against Plint. The trial judge held that Canada and the United Church were jointly liable on the basis of vicarious liability for the sexual assaults committed by Plint, apportioned 75 per cent against Canada and 25 per cent against the Church. With all parties appealing, the Court of Appeal held that Canada was solely liable to the six plaintiffs on the basis of vicarious liability.

Lower court rulings

July 10, 1998
Supreme Court of British Columbia

A960336, A972666, A975834

M.L.J.'s claim dismissed; Brown, R.A.F., M.W., R.J.J., P.D.S., M.B.W.'s claims for negligence and breach of fiduciary duty, dismissed; Plint liable to Brown, R.A.F., M.W., R.J.J., P.D.S. and M.B.W. for sexual assaults; Canada liable for breach...

December 10, 2003
Court of Appeal for British Columbia (Vancouver)

CA024796, CA028840, CA028841, CA028844, CA028845, CA028846, CA028847, CA028848, CA028853

Respondent Church's appeal against finding of liability, allowed: actions against dismissed; Canada's appeal against apportionment of liability, breach of non-delegable duty, finding of liability, dismissed; Plaintiffs' appeals, other than M.J.'s,...

Memorandums of argument on application for leave to appeal

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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

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Factums on appeal

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Date modified: 2025-05-13