Plaintiff
Defendant
Other
Facts: John Doe and others sued the Roman Catholic Episcopal Corporation of St. John's (RCEC) and Guardian Insurance for damages related to sexual misconduct by clergy. Guardian argued that the insurance policy was void from the start due to RCEC's nondisclosure of these incidents, which RCEC contested, claiming Guardian was estopped from denying coverage.
Issues: The court considered whether it could allow RCEC to amend its pleadings to include estoppel by representation after the trial's conclusion, whether this would prejudice Guardian, and what remedies would be appropriate if prejudice was found.
Court's Ruling: The court allowed the amendment, recognizing Guardian's right to reopen its case to address the estoppel issue, thus balancing the principles of resolving cases on their merits against potential prejudice to the parties. The court also decided that the question of whether Guardian should have declared the policy void ab initio before the trial would be addressed in the final judgment.
Costs/Damages: Guardian was awarded its costs for the amendment on a Column III basis and granted the right to a new examination for discovery at RCEC's expense. The court also allowed Guardian the option to recall witnesses and cross-examine RCEC’s witnesses in further hearings, with the costs of such hearings to be borne by the plaintiff. No financial terms were specified.
Court
Supreme Court of Newfoundland and LabradorCase Number
200901T4501Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
Download documents