SCC File No - Wagners

5
The Horne and Truro Agency Attempt to Block Robert's Claim -
Limitations has Passed
Argue Statute of
20. Eight (8) years after the action has commenced, in March, 2009, the Horne and Truro
Agency seek summary judgments relating to the allegations of assault, sexual assault and
negligence, which effectively dismiss all causes of action alleged. They request this on the basis
that the claims were brought outside the applicable limitation period.
Ref: Summary Judgment at 2 [Tab 3A]
21. The Truro Agency also seeks to have the claim of breach of fiduciary duty dismissed.
Trial Decision - Dr. Hayes' Report Dismissed; Robert Knew 'the Abuse He Suffered Was
Wrong'; All Causes of Action Dismissed
22. Under section 5 of the Limitation of Actions Act, R.S.N.S. 1989 c. 258, for a cause of
action for assault, battery or wounding based on sexual abuse:
• The action does not arise until the person becomes aware of the injury or harm
resulting from the sexual abuse and discovers the causal relationship between the
injury and the sexual abuse; and
• The 6 year limitation period does not begin to run while the person is not
reasonably capable of commencing a proceeding because of that person's
physical, mental or psychological condition resulting from the sexual abuse.
Ref: Summary Judgment at 9,10 [Tab 3A]
23. The motions judge Goodfellow dismisses all of Dr. Hayes' evidence as "totally without
merit and contrary to undisputed facts". He notes while there is "no doubt that victims of sexual
abuse suffer trauma that often have residue effects ... including low self-esteem", it "cannot be
said that persons with low self-esteem are ... not reasonably capable of commencing a
proceeding" .
Ref: Summary Judgment at 25 and 29 [Tab 3A]
24. The motions judge selectively notes Robert's discovery evidence - evidence, Justice
Goodfellow suggests, that shows an awareness of a causal connection between the injury or harm
suffered and the sexual abuse. This includes:
• Robert remembers the abuse;
• He knew the abuse was wrong;
• Robert spoke about his abuse to a woman named Ann, his friend Denise and his
Reverend in 1986;