The appellants, comprising children of residential school attendees and estates of deceased attendees, appealed an order striking their claims against the federal Crown and other defendants.
The Court of Appeal allowed the appeal in part, reinstating the secondary plaintiffs' claim for breach of fiduciary duty against the federal Crown, finding it was not plain and obvious that the duty did not extend to them despite not being born at the time of the alleged breaches.
However, the Court upheld the striking of the Family Law Act claims, as the Act does not operate retroactively, and the estate claims, which were statute-barred under the Trustee Act.
