Statement - Decision of the Supreme Court of Canada in the appeal of the Province canadienne de la Congrégation de Sainte-Croix
MONTRÉAL, June 7, 2019 /CNW Telbec/ - La Province canadienne de la Congrégation de Sainte-Croix (the "Congrégation") today received the reasons for the judgment delivered by the Supreme Court of Canada with regard to the application by the plaintiff J.J. to institute a class action for damages for sexual abuse. This decision follows the November 7, 2018 hearing of the appeal filed by the Congrégation.
The basis for the appeal filed by the Congrégation was chiefly the second paragraph of Article 2926.1 of the Civil Code of Québec, which establishes a time limit on any action for damages for bodily injury resulting from an act that could constitute a criminal offence, more specifically when the alleged perpetrator passed away over three years ago. The Court was also asked by the Congrégation to decide whether a class action may be authorized against a legal entity formed after the alleged offences were committed, based solely on the context and the nature of the class action under consideration.
Due to the significant risk of contradictory decisions being issued by lower courts and parties involved being treated differently, with regard to either an individual or class action, the Congrégation notably asked the Court to clarify the interpretation of this Article of the Civil Code.
The decision issued today by the Supreme Court of Canada has confirmed the decision of the Court of Appeal of Québec, authorizing the class action. The proceedings against the Congrégation will continue before the Superior Court of Québec.
The Congrégation finds that the action authorized reaches far beyond its own organization. The class action concerns the supervision by staff members and the protection of child safety in all Québec's educational institutions, residences and summer camps, either public or private, for decades.
The Congrégation reaffirms that it will fully collaborate with the legal process. Out of respect for the Court, the Congrégation will issue no further comments, except to underscore that they vigorously and unequivocally condemn all inappropriate actions toward minors and vulnerable alike.
SOURCE Province canadienne de la Congrégation de Sainte-Croix
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