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Les allégations

Les allégations

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Published by: Radio-Canada on Sep 13, 2013
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09/19/2013

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19. By order dated July 30, 2010, Justice Cullity certified the action as a class proceeding,
with the follow issues to be determined in common:

(a) by its operation or management of Huronia from 1945 to 2009, did the Defendant
breach a duty of care it owed to the Resident Class to protect them from
actionable physical or mental harm?

(b) by its operation or management of Huronia from 1945 to 2009, did the Defendant
breach a fiduciary duty it owed to the Resident Class to protect them from
actionable physical or mental harm?

(c) if the answer to either of common issues (a) or (b) is “yes”, can the court make an
aggregate assessment of the damages as part of the common issues trial?

(d) if the answer to either of common issues (a) or (b) is “yes”, was the Defendant
guilty of conduct that justifies an award of punitive damages?

16

Dr. Simmons, Report on The Huronia Regional Centre, Orillia: 1945-2009, March 25, 2013, pp. 121-122.

17

Dr. Simmons, Report on The Huronia Regional Centre, Orillia: 1945 – 2009, May 22, 2013, p. 4.

18

Statement of Defence at para. 84, Amended Trial Record, Tab 2.

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(e) if the answer to common issue (d) is “yes”, what amount of punitive damages
ought to be ordered and to whom?

20. The Plaintiffs will ask this Court to answer common issues (a), (b), (c), (d) in the
affirmative. In addition to compensatory relief, the Plaintiffs will also request an award of
$44,000,000.00 in punitive damages payable to the Resident Class with respect to common issue
(e).

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