Tamara Dawn Barclay

The appellant issued a statement of claim against the provincial Crown for physical and sexual abuse she allegedly suffered between 1942 and 1956 while a ward of a children's aid society.

The Crown moved to strike the pre-1963 claims, arguing they were barred by sections 28 and 29 of the 1970 Proceedings Against the Crown Act, which preserved Crown immunity and the petition of right procedure for claims existing before September 1, 1963.

The Court of Appeal upheld the motion judge's decision, finding that sections 28 and 29 remain in effect despite their omission from subsequent consolidations, that the discoverability principle does not apply to section 29(1), and that the appellant is barred from proceeding with the pre-1963 claims by way of a statement of claim.