The plaintiffs, three sisters, brought an action against their aunt and the Attorney General of Canada, alleging that they were physically abused by their aunt while living in her home as children over fifty years ago.
They claimed damages for assault and battery, and breach of fiduciary duty.
The court reviewed extensive testimony from the plaintiffs, the aunt, and other family members.
Applying the balance of probabilities standard and considering the frailties of memory regarding distant events, the court found the plaintiffs' evidence to be unreliable due to inconsistencies and lack of detail.
The action was dismissed against both defendants.
