The plaintiff was a resident of the Whitbourne Boys Home, where others have alleged sexual abuse
A man who alleged a priest sexually assaulted him while he was a resident at a Newfoundland and Labrador youth detention center in the 1980s cannot pursue claims against the province through a summary trial, even though the province lacks evidence to contradict his claims, the province’s appellate court has ruled.
In a Nov. 7 decision, the Court of Appeal of Newfoundland and Labrador found that “there is no principled reason why serious or substantial cases that involve historical sexual abuse do not lend themselves to summary trial disposition.”
However, the appellate court said that summary trials – which hinge on written evidence like affidavits rather than oral testimony – are only appropriate in such cases when the issues are “discrete, well defined, and contained, and the judge is confident that the record…
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