here. - Koskie Minsky LLP

42 2571 869 -
870
With respect to the last sentence of para. 63 of the Statement
of Defence (marked as Exhibit “B”), to advise of the
defendant's legal position as to why such a fiduciary duty did
not exist, or whether it was or was not owed at different times.
To ascertain the
defendant’s position with
respect to whether it owed
a fiduciary duty to the
plaintiffs.
Duty of Care - Generally
43 2586 875 -
876
44 2576 872 -
873
45 2589 -
2590
With respect to duties that the defendant potentially owed
between 1971 and 2009, to advise as to the defendant's
position on whether or not it owed a duty of care between 1971
and 2009 to ensure that the American Association on Mental
Deficiency Standards were adhered to.
To advise whether it is the Crown's position that there is no
common law duty of care owed in the circumstances.
876 To advise if the defendant owed a statutory duty of care to the
resident class between 1974 and 2009 to satisfy the following
minimum statutory requirements for the facility: staff
supervision, nutrition, sleeping arrangements, protocol for
physical restraints, and the hiring of only qualified employees.
46 2597 879 To advise whether the defendant owed a duty of care during
1976 to 2009 to begin to immediately phase down the resident
population.
To ascertain the
defendant’s position with
respect to the contents of
its duty of care to the
plaintiffs respecting the
AAMD standards.
To ascertain the
defendant’s position with
respect to the existence of
a duty of care owed to the
plaintiffs.
To ascertain the
defendant’s position with
respect to the contents of
its duty of care to the
plaintiffs.
To ascertain the
defendant’s position with
respect to the contents of
its duty of care to the
plaintiffs.