Update on the Decision from the Court of Appeal

Three judges of the Court of Appeal for Ontario (Justices Marc Rosenberg, Eileen Gillese and Michael Tulloch) heard the appeal on October 25, 2012. They released the Court’s decision on January 17, 2013. 

The Court upheld the decision of the first appeal court, except for changing its decision on costs. This means:

  1. The case about whether or not the loss of First Nation culture is a legal wrong continues;
  2. The case will be heard by a Judge other than the first judge who decided back in May of 2010 to grant conditional certification, and that judge was the Honourable Justice Paul M. Perell. This means that there will have to be another hearing, where, once more, the issue of certifying this action as a class action will be heard by another judge;
  3. The costs awarded against Marcia Brown (Martel) and Robert Commanda, the plaintiffs in the amount of $25,000.00 was set aside. The Court of Appeal had this to say about the action when setting aside the Order requiring Marcia Brown and Robert Commanda to pay $25,000: 

“It [referring to the case] is in the nature of a test case and raises novel points of law. The treatment of Aborginal children in Ontario’s child welfare system and Canada’s responsibility for what occurred are matters of public interest.” 

 

Already, the Plaintiffs have moved the case forward. The Honourable Regional Senior Justice in Toronto has appointed a new judge to hear the case for the action to be certified. The new judge is the Honourable Justice Edward Belobaba. 

As soon as the date for the new hearing is known, we shall post the date. The Plaintiffs Marcia Brown (Martel) and Robert Commanda invite you to attend. The hearing is public. It is an opportunity for the court to begin to hear the voices of those silenced during the 60’s Scoop.

About these ads

About Sixties Scoop Lawsuit

The purpose of this site is to notify individuals directly or indirectly affected by the Sixties Scoop that they may register and possibly join in the class action lawsuit that is effectively proceeding against the Canadian Government. (October 2010) Please bookmark this site for further updates and registration information. Thank you.
This entry was posted in Uncategorized. Bookmark the permalink.

2 Responses to Update on the Decision from the Court of Appeal

  1. lorns gaucher says:

    I am a victim of the sixties scoop. My place of residence was in saskatchewan when I was taken into care. Do i qualify for the lawsuit, or must I file a claim in Saskatchewan ? I know that there is a class action lawsuit through Tony Merchant Law group .

    Lorna Gaucher

  2. Nick says:

    Definitely believe that which you said. Your favorite reason appeared to be on the net the easiest thing to be aware
    of. I say to you, I definitely get irked while people think about worries that
    they plainly do not know about. You managed to hit the nail upon the top and defined out
    the whole thing without having side effect ,
    people can take a signal. Will likely be back to get more.
    Thanks

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s