FOR TORTS - Affecting the person - Sexual assault

Law360 Canada ( March 9, 2023, 1:12 PM EST) -- Interlocutory application by both the Claimants and the Roman Catholic Episcopal Corporation of St. John’s (RCECSJ) to approve a claims procedure order and a claims protocol, as well as ancillary documents supporting the process each promoted. Thirty-nine men, former residents of Mount Cashel Orphanage in St. John’s (Claimants) filed statements of claim alleging they were abused by Irish Christian Brothers who ran the Orphanage then. The Claimants named the Christian Brothers Institute Inc., the corporate body that owned and operated the Orphanage as Second Defendant and the RCECSJ as the First Defendant. The Christian Brothers filed for bankruptcy. It liquidated its assets to satisfy claims against it. The Claimants based their actions against RCECSJ in tort. In effect, they said the RCECSJ was either directly responsible for the abuse they suffered at the Orphanage or that it was vicariously liable. The trial court dismissed the claims, finding that the RCECSJ was neither negligent nor vicariously liable to the Claimants. However, at the request of the parties and despite finding that the RCECSJ was not liable, the trial court assessed damages for the claimants. The Court of Appeal reversed the trial judge on liability and found the RCECSJ vicariously liable. However, it mostly upheld the damages findings. The Supreme Court dismissed the RCECSJ’s application for leave to appeal the finding that it was vicariously liable to the Claimants. Thereafter, the focus shifted to quantifying the Claimants’ damages, hence this application....
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