A.P. v. MacDonald et al., (2006) 255 Nfld. & P.E.I.R. 348 (NLTD)

• Judge: Fowler, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 07, 2006
• Jurisdiction: Newfoundland and Labrador
• Citations: (2006), 255 Nfld. & P.E.I.R. 348 (NLTD)

A.P. v. MacDonald ( 2006 ), 255 Nfld. & P.E.I.R. 348 (NLTD);

  768 A.P.R. 348

MLB headnote and full text

Temp. Cite: [ 2006 ] Nfld. & P.E.I.R. TBEd. FE.016

A.P. (plaintiff/applicant) v. Alexander John MacDonald (first defendant/first respondent) and James Cameron Newton, as represented by legal, personal representative, the Registrar of the Supreme Court of Newfoundland and Labrador (second defendant/second respondent) and Labrador School Board (third defendant/third respondent) and Her Majesty the Queen in Right of Newfoundland (as represented by the Minister of Education) (fourth defendant/fourth respondent)

(1998080058; 2006 NLTD 24)

Indexed As: A.P. v. MacDonald et al.

Newfoundland and Labrador Supreme Court

Trial Division

Fowler, J.

February 7, 2006.

Summary:

MacDonald was a school teacher in Labrador. He pleaded guilty to two counts of buggery and five counts of sexual assault against five Innu youths. One complainant (A.P.) sued MacDonald, the Labrador School Board and others. At the criminal trial, only one count of buggery and one count of sexual assault related to A.P., but the statement of claim indicated that those two convictions represented only a fraction of the sexual and physical assaults and batteries against A.P. by MacDonald. A.P applied for summary judgment against MacDonald on the issue of liability only. The Labrador School Board opposed the application.

The Newfoundland and Labrador Supreme Court, Trial Division, allowed the application.

Editor's note : certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Practice - Topic 5702

Judgments and orders - Summary judgments - When available or when appropriate - MacDonald was a school teacher in Labrador - He pleaded guilty to two counts of buggery and five counts of sexual assault against five Innu youths - One complainant (A.P.) sued MacDonald, the Labrador School Board and others - At the criminal trial, only one count of buggery and one count of sexual assault related to A.P., but the statement of claim indicated that those two convictions represented only a fraction of the sexual and physical assaults and batteries against A.P. by MacDonald - A.P applied for summary judgment against MacDonald on the issue of liability only - The Labrador School Board opposed the application, arguing that the criminal convictions alone without the surrounding circumstances upon which they were based was insufficient - The Newfoundland and Labrador Supreme Court, Trial Division, allowed the application respecting liability for the acts that formed the basis for the two convictions only - The nature and degree of that liability was best determined at trial on the quantum of damages.

Practice - Topic 5707

Judgments and orders - Summary judgments - On an admission - Sufficiency of admission - [See Practice - Topic 5702 ].

Practice - Topic 5708

Judgments and orders - Summary judgments - Bar to application - Existence of issue to be tried - [See Practice - Topic 5702 ].

Cases Noticed:

Crane Canada Inc. v. Titan Holdings Ltd. et al. (1989), 77 Nfld. & P.E.I.R. 244; 240 A.P.R. 244; 36 C.L.R. 69; 1989 CarswellNfld 35 (Nfld. T.D.), refd to. [para. 11].

RoyNat Inc. v. Lester (1993), 105 Nfld. & P.E.I.R. 151; 331 A.P.R. 151; 1993 CarswellNfld 141 (Nfld. T.D.), refd to. [para. 19].

K.F. et al. v. White (2001), 142 O.A.C. 116; 3 C.P.C.(5th) 189; 2001 CarswellOnt 634; 53 O.R.(3d) 391; 198 D.L.R.(4th) 541 (C.A.), refd to. [para. 21].

R. v. O'Brien, [1978] 1 S.C.R. 59; 16 N.R. 271, refd to. [para. 27].

R. v. Khan, [1990] 2 S.C.R. 531; 113 N.R. 53; 41 O.A.C. 353; 59 C.C.C.(3d) 92; 79 C.R.(3d) 1; 1990 CarswellOnt 108, refd to. [para. 29].

Campbell v. Leinaux et al. (1998), 167 N.S.R.(2d) 196; 502 A.P.R. 196 (C.A.), refd to. [para. 33].

Holt v. MacMaster and Buteau (1993), 140 A.R. 235; 18 C.P.C.(3d) 220 (Q.B.), refd to. para. 36].

R.A.S. v. C.E.G. (1996), 113 Man.R.(2d) 297; 131 W.A.C. 297 (C.A.), refd to. [para. 37].

G. et al. v. Chaykowski (1998), 223 A.R. 346; 183 W.A.C. 346; 64 Alta. L.R.(3d) 282 (C.A.), refd to. [para. 38].

Counsel:

John W. Lavers, for the plaintiff/applicant;

William Gallant, for the first defendant/first respondent;

Deanne Penney, for the second defendant/second respondent;

Daniel M. Boone, for the third defendant/third respondent; and

Rolph Pritchard, for the fourth defendant/fourth respondent.

This application was heard at Happy Valley-Goose Bay, Nfld. and Lab., by Fowler, J., of the Newfoundland and Labrador Supreme Court, Trial Division, who delivered the following decision on February 7, 2006.