SCC File No - Wagners

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3 Prolonged Abuse Has Profound Impact 11. Robert faces daily struggles as a result of his experiences at the Coloured Children Home and with his foster family. For example: • unable to interact with his children as a normal parent - he is unable to bathe his children and has problems showing them physical affection; • cannot maintain relationships with women - he harbors thoughts that everyone is "perverted"; • cannot hold down a regular job - he has problems coping with people in authority positions; and • difficulty sleeping, has nightmares about abusing his own children and suffers low self-esteem. Ref: Interrogatories, 1 [Tab 5E] Robert Remains Unable to Seek Therapy 12. Like many men who are sexually victimized as boys, Robert does not feel ready for therapy. The scars of the past still feel fresh. As a result, he has been unable to substantively address the abuse he experienced as a child. He feels that he does not fully understand the causal relationship between the current psychological problems he is suffering from and the abuse he experienced. Ref: Interrogatories at 2 [Tab 5E] 13. Robert keeps his darkest memories of abuse "locked up inside". He struggles with feelings of powerlessness and has "difficulty speaking about" his experiences as a child. Ref: Interrogatories, at 10 [Tab 5E] Robert Commences An Action 14. Robert commences an action against the Nova Scotia Home for Colored Children, the Attorney General of Nova Scotia and the Children's Aid Society and Family Services of Colchester County ("Truro Agency") on March 1, 2001. He alleges vicarious liability for assault, sexual assault, negligence and breach of fiduciary duty for incidents having occurred while he was a ward of Nova Scotia. Ref: Summary Judgment, at 2 [Tab 3A]
4 Meets with Dr. Hayes - Diagnosed with Post-Traumatic Stress and a Major Depressive Disorder 15. In an attempt to address his psychological problems, Robert meets with an expert clinical psychologist, Dr. Hayes, in March, 2009. He undergoes a series of nine psychological tests frequently used for psychiatric patients in order to make a diagnosis. Ref: Dr. Hayes Report, p. 29[Tab 5F] 16. Dr. Hayes finds that Robert suffers from flashbacks of traumatic experiences from the Coloured Children Home in excess of five times a week. Dr. Hayes also finds that Robert satisfies the DSM-IV -TR criteria for Post-Traumatic Stress Disorder. He also suffers from a Major Depressive Disorder. Ref: Dr. Hayes Report, p. 16 and 17,23 [Tab 5F] Dr. Hayes Report - Robert Not Capable of Commencing an Action Before He Did 17. Dr. Hayes drafts an official report. He finds that the issues Robert is dealing with are psychologically complex. While he would understand as a child that his treatment was wrong, he did not make the connection between his problems with relationships, work, distrust and low self-esteem and the abuse he suffered at the Home. Ref: Dr. Hayes Report at p. 23 [Tab 5F] 18. Dr. Hayes notes that this connection has "not been fully realized", as Robert blamed himself and assumed that his failures were as a result of his own personal inadequacies. Only now is he beginning to appreciate the connection between his experiences of being victimized and his personal problems. Ref: Dr. Hayes Report, p. 24 [Tab 5F] 19. Dr. Hayes concludes that due to Robert's "learned helplessness", chronic depression and post-traumatic stress it would be "impossible for him" to have pursued any action independently at an earlier time. Ref: Dr. Hayes Report, p. 25 [Tab 5F]
Page 1 and 2: IN THE SUPREME COURT OF CANADA (On
Page 3 and 4: TABLE OF CONTENTS Tab Page 1. Notic
Page 5 and 6: iii Cases A. Barton v. Sobeys Group
Page 7: 2 Children Home from the ages of 2
Page 11 and 12: 6 • He recognizes that he has pro
Page 13 and 14: 8 • From 1983 to 1988 the reports
Page 15 and 16: 10 Ref: M (K) v. M (H), supra at 1
Page 17 and 18: 12 53. If left uncorrected, this mi
Page 19 and 20: 14 low self-esteem is to simplify a
Page 21 and 22: Raymond F. Wagner Michael Dull Co-C

SCC File No - Wagners

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