As my first blog, I thought about writing a piece on some interesting court decision, such as the Nov. 25 ruling in Anderson v. Attorney General of Canada, where the Supreme Court of Newfoundland Trial Division found the federal government committed an abuse of process in a class action involving five schools, dormitories, and orphanages in Newfoundland and Labrador. After all, it’s not often that the federal government is found to have committed an abuse of process.
The actions, being prosecuted by a group of firms, including Ches Crosbie Barristers and Kirk Baert, of the Ontario firm Koskie Minsky LLP, are based on negligence and breach of fiduciary duty.
The feds got their knuckles wrapped by Justice Robert Stack after counsel for the attorney general sought to make a claim apportioning damages for any fiduciary duty among various parties. However, Stack took great exception to that, noting that the Crown raised the matter in an earlier decision in the case involving Justice Gillian Butler and lost.