COURT FILE NO. 08-CV-347100CP
DATE: April 19, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Lisa Cavanaugh, Andrew Hale-Byrne, Richard Van Dusen, Margaret Granger and Tim Blacklock
Plaintiffs
- and -
Grenville Christian College, The Incorporated Synod of the Diocese of Ontario, Charles Farnsworth, Betty Farnsworth, Judy Hay the Executrix for the Estate of J. Alastair Haig, and Mary Haig.
Defendants
Proceeding under the Class Proceedings Act, 1992
Motion in Writing
PERELL, J.
REASONS FOR DECISION
[1] In this proposed class action, the Plaintiffs, who were residential students of Grenville Christian College sue for damages for child abuse that allegedly occurred between 1973 and 1997. Pursuant to sections 19 and 29 of the Class Proceedings Act, 1992, S.O. 1992, c. C.6, the Plaintiffs now bring a motion to discontinue the action as against two of the Defendants; namely Betty Farnsworth and Mary Haig.
[2] For the reasons that follow, I grant the motion.
[3] Betty Farnsworth and Mary Haig were married to headmasters of the Defendant school and they worked as administrators.
[4] Mary Haig no longer lives in Canada. She has joined the convent of the Community of Jesus, and has taken a vow of poverty.
[5] The action will continue against the remaining Defendants, and the discontinuance of the action as against Betty Farnsworth and Mary Haig will simplify the proceedings.
[6] The Steering Committee which is comprised of the Plaintiffs and several proposed Class Members approves the discontinuance of the action against Betty Farnsworth and Mary Haig and it is not anticipated that the other proposed Class Members would have an objective basis for objecting to the discontinuance against Betty Farnsworth and Mary Haig.
[7] The remaining Defendants consent to the discontinuance of the action against Betty Farnsworth and Mary Haig.
[8] I, therefore, approve the discontinuance of the action as requested.
[9] In the circumstances of this case with the action continuing against the remaining Defendants, it is not necessary to give the proposed Class Members notice of the discontinuance.
[10] There are no discreet claims advanced as against Betty Farnsworth and Mary Haig and thus the discontinuance will not meaningfully impact the substance of the action and the proposed Class Members will not be prejudiced by the discontinuance without notice.
[11] Order accordingly.
Perell, J.
Released: April 19, 2012
COURT FILE NO. 08-CV-347100CP
DATE: April 19, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Lisa Cavanaugh, Andrew Hale-Byrne, Richard Van Dusen, Margaret Granger and Tim Blacklock
Plaintiffs
‑ and ‑
Grenville Christian College, The Incorporated Synod of the Diocese of Ontario, Charles Farnsworth, Betty Farnsworth, Judy Hay the Executrix for the Estate of J. Alastair Haig, and Mary Haig.
Defendants
REASONS FOR DECISION
Perell, J.
Released: April 19, 2012