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The court dismissed a request to adduce similar fact evidence from five former students, finding the alleged similarities were too generic. Leave to amend the pleadings was granted in part.
The court certified a class action over alleged abuse of students at Vancouver College and St. Thomas More by Christian Brothers, narrowing the STM class period.
The court refused to admit similar fact evidence from a cousin in a civil historical sexual assault trial, finding insufficient similarity, high prejudice, and a speculative risk of collusion.
The Federal Court certified a class action concerning alleged abuse in the DASH Program at HMCS Quadra, finding the Rule 334.16 criteria were met.
The court ordered production of the plaintiff’s journals and Fagan correspondence, finding the claimed privileges not established. Journals were produced with limited disclosure.
The claimants' evidence was rejected as not credible because of significant inconsistencies and omissions across statements and documents, lack of corroboration, implausible explanations regarding removal of the child, and the failure to seek available protective or legal remedies in Mexico; accordingly the refugee protection claims under s.96 and s.97(1)(b) IRPA are dismissed.
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The court struck the limitation defence: under s.2(5)(b) the plaintiff was not reasonably capable of commencing a civil proceeding because of his mental and psychological condition resulting from the sexual assaults, and alternatively, applying the s.3 discretionary factors the court extended the limitation period (within s.3(6)) to permit the action to proceed (time extended from March 2004 to February 2006).
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The court awarded damages for childhood sexual abuse that materially affected the plaintiff’s hockey career, but rejected damages for a lost NCAA scholarship.
The panel accepted the principal claimant's fear of her father's drunken violence but found her allegations about threats and attempted sexual assault by masked individuals insufficiently corroborated and undermined; documentary evidence and testimony established that accessible services and protections exist in Mexico (notably Puebla) and the claimant did not prove relocation to Mexico City, Monterrey, Puebla or Veracruz would be objectively unreasonable or unsafe; therefore an internal flight alternative existed and the claimants are neither Convention refugees under s.96 nor persons in nee…
Source excerpt
Historic sexual assault claims arising from a youth camp were dismissed after the court found the plaintiff’s evidence inconsistent, uncorroborated, and not proved on a balance of probabilities.
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