John Doe v. Roman Catholic Episcopal Corporation of St. Johns
JOHN DOE – HGM#1 (a “pseudonym”)
Law Firm / Organization
Not Specified
ROMAN CATHOLIC EPISCOPAL CORPORATION OF ST. JOHN’S
Law Firm / Organization
Miller Thomson LLP
GUARDIAN INSURANCE COMPANY OF CANADA
Law Firm / Organization
Goodland Buckingham

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.

Supreme Court of Newfoundland and Labrador
200901T4501
Civil litigation
Defendant