Schools for the deaf- class action Information Meeting Saturday May 28, 2016 Moncton, NB

The Legal Team Wagners, Halifax, NS Raymond Wagner, Q.C. Maddy Carter

Schools for the Deaf: Class Action TWO SCHOOLS INVOLVED: 1) School for the Deaf (Halifax) operated from 1856 to 1961 2) Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Impaired (Amherst) Used to be called the Resource Centre for the Hearing Handicapped, and originally called the Interprovincial School for the Education of the Deaf operated from 1961 to 1995

What is a class action? It’s a type of lawsuit A class action is a lawsuit brought on behalf of a group of people Group referred to as the “class” Deal with claims in one lawsuit where all people (class members) have same/similar complaints (in this case, about their experience at the Schools)

What is this class action about? The issues: What issues were there at the Schools? Abuse (physical, sexual) lack of proper education We want answers to: what did the Province do wrong (liability)? what harm the Province caused? what compensation should they pay?

These are based on your experiences What did the Province of Nova Scotia do wrong? These are based on your experiences Allowing abuse by staff, students Not supervising the operations and management of the schools Hiring and employing staff without background checks Not following up on complaints of abuse (sexual and physical) Unfair education Allowing severe punishments Ignoring the education needs of students Preventing students from using sign language Not providing appropriate care (physical and emotional)

RCMP – Operation Halogen Investigation by the Royal Canadian Mounted Police Looked into allegations of abuse (physical and sexual) at the Halifax and Amherst schools Investigation began March 2001; ended 2003 Victims interviewed and videotaped 59 formal cases identified Two individuals charged

Class Numbers How many people have contacted Wagners? How many people have filled out forms?

What compensation are we looking for? Compensation for harm caused by the Province and proven: General damages (e.g. pain and suffering; loss of enjoyment of life); Special damages (e.g. lost employment opportunities)

Benefits of a class action Class action is started by two representative plaintiffs (Richard Martell, Mike Perrier) on behalf of former students of the Schools One lawsuit = more economical Deal with the issues once, not repeatedly

The Steps Taken So Far Notified Province they were being sued - October 2015 Filed a statement of claim, starting the class action – January 2016 Next: 1) get a judge assigned 2) Ask the court to certify the class action 3) If certified, start the trial

The Steps in a Class Action Once the class action is approved, or certified, notice of the class action must be given to all former students of the schools

The Steps in a Class Action Then class members have the option to decide whether they wish to leave, or “opt-out” of, the class action. By opting-out of the class action, a person prevents his or her rights from being affected by the outcome of the lawsuit – good or bad Opting out gives a person the right to start their own individual action

The Steps in a Class Action Investigating and building the case. Documents will be reviewed and representatives of the Province must answer questions Any expert reports will be exchanged between the parties. Settlement? Trial? Appeal?

How long will all of this take? Certification Trial

Legal Fees Will I have to pay out of my own pocket? Fee: only if successful success = settled out of court or a successful outcome at trial does not come directly out of your pocket If the lawsuit is successful, class counsel will receive a part of the award Court must approve fee

Class Counsels’ Fee Litigation expenses along the way: class members don’t pay out of pocket Class counsel will pay for all charges (disbursements) required to bring the action (e.g. the cost of experts, copies, postage and court fees)

What should you be doing to protect your legal rights? Complete registration forms if not already done Why? Keeps you in the loop before direct notice is required Helps in our preparation and future resolution discussions Seek legal advice before agreeing to any resolution

Information Sources Meet with us today about your particular situation Email us Visit www.wagners.co and click on the “Contact Us” link

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