SCC File No - Wagners

15
that the abuse was wrong, the clock starts ticking. Victims who have yet to fully realize the
extent of the harm they have suffered will be silenced forever.
64. Like so many victims of childhood sexual abuse, Robert merely wants his day in court
and a trial. Like so many other victims, he deserves one. This is a case about an institution in
charge oflooking after Black children, an institution that turned a blind eye to sexual abuse by its
staff. Should institutions that employ perpetrators of sexual abuse be able to benefit from a
victim's inability to fully realize the impact the abuse has had on his life?
65. The Applicant Robert wants his case to go to court. Wants to have a trial.
66. The bottom-line real question is this - in Canada, is there a statute of limitations on
integrity?
PART IV - COSTS
67. The Applicant seeks costs set out within the Leave to Appeal.
PART V - ORDERS SOUGHT
68. Section 46.1 of the Supreme Court Act states:
The Court may, in its discretion, remand any appeal or any part of any appeal to the court
appealed from or the court of original jurisdiction and order any further proceedings that
would be just in the circumstances.
Ref.: Supreme Court Act, s. 46.1
69. The Applicant states that it "would be just in the circumstances" for this case to be sent to
trial. This could be done at either the leave stage, or granting leave then sending the matter to
trial (should this Honourable Court consider that s. 46.1 applies only to appeals, not leaves).
70. In the alternative, the Applicants ask that this leave to appeal be granted, and the appeal
heard on the issues within.