Schools for the Deaf
Martell & Perrier v. Attorney General of Nova Scotia and APSEA
Nova Scotia Supreme Court File: Hfx No. 447198
On January 31, 2015 Wagners filed a class proceeding on behalf of individuals who attended and/or resided at the School for the Deaf in Halifax and/or the Interprovincial School for the Education of the Deaf in Amherst (later named the Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Handicapped and subsequently the Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Impaired).
The action seeks compensation for former students who suffered systemic sexual, physical and psychological abuse and a lack of adequate education while attending the segregated residential educational institutions.
We are presently accepting enquiries from individuals who allegedly endured abuse while residing at or attending the Nova Scotia School for the Deaf (Halifax, NS) and the Interprovincial School for the Education of the Deaf in Amherst (later named the Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Handicapped and subsequently the Atlantic Provinces Special Education Authority – Resources Centre for the Hearing Impaired).
If you are a former resident or attendant of either of the above noted institution(s) with allegations of abuse, please contact Wagners. You may be eligible for inclusion as a Class Member in our proposed class action lawsuit.
To inform us of your interest and determine if you qualify for inclusion in Wagners’ prospective action, please fill out this registration form:
Updates & Latest Developments
Trial dates have been set, following a Case Management Conference that took place on August 9, 2023. Trial is scheduled from October 1 to November 6, 2025.
Further, a schedule has been solidified for the exchange of expert reports amongst the parties. All parties’ primary reports are due in November 2024, and rebuttal reports will be filed in April 2025.
We are preparing for a common issues trial. In doing so, we are reviewing volumes of documents provided by the Defendants and have dates scheduled to conduct discovery examinations of representatives of the Province of Nova Scotia and APSEA in October 2022.
We have not yet set dates for trial.
NOTICE OF CERTIFICATION OF THE
NOVA SCOTIA SCHOOLS FOR THE DEAF CLASS ACTION
To: All former students who attended and/or resided at an education institution for the Deaf or Hard of Hearing in Nova Scotia (“Class Members”)
Notice of Certification:
Class Members be advised of certification of a class action on behalf of all former students who attended and/or resided at one or both of (i) the School for the Deaf, located in Halifax, Nova Scotia; and (ii) the Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Impaired, formerly called the Resource Centre for the Hearing Handicapped and the Interprovincial School for the Education of the Deaf, located in Amherst, Nova Scotia. Both facilities are now closed.
Who is included?
“Class Members” are former students who attended and/or resided at one or both of the above-named schools.
If you are a Class Member you do not need to do anything at this point to get the benefit of any ruling on the common issues.
What is the nature of the class action?
The class action alleges that the Attorney General of Nova Scotia and APSEA (Atlantic Province Special Education Authority) are liable to the Class Members for physical, sexual and/or mental harm experienced by Class Members as a result of their experiences at the schools. A judgment on the common issues will bind all Class Members who do not opt out.
Class counsel compensation:
Class counsel has agreed to act on the basis that they will not be paid any legal fees unless and until the class action is either settled or successfully tried to judgment and the Class Members are entitled to recover damages.
The Representative Plaintiffs have entered into a Contingency Fee Agreement with class counsel. Class counsel will apply to the court at the conclusion of the case to have their legal fees approved. Class counsel will pay for all case expenses incurred in prosecuting the case and if the case is successful, class counsel will apply to the court to be reimbursed for these case expenses. If the case is not successfully settled or tried, class counsel will not be paid or be reimbursed for any expenses.
Where can Class Members get more information?
For more free information, or to access opt out forms, visit:
or contact class counsel at the address below:
1869 Upper Water Street
Suite PH 301, Pontac House
Halifax NS B3J 1S9
Phone (local): 902-425-7330
Toll Free: 1-800-465-8794
Email: [email protected]
A video containing an explanation by a sign language interpreter is available on Wagners’ YouTube channel. The video can also be provided to you electronically upon request. To quickly access the video, please click the below link:
If you do not want to participate, you must opt out on or before the deadline stipulated in the opt out form (May 1, 2019). If you opt out you will not be entitled to share in any recovery or take the benefit of any ruling in this case.
Richard Robert Martell
Michael Gerald Harry Perrier
c/o Wagners (address provided above)
This summary notice has been approved by the Supreme Court of Nova Scotia. Do not Contact the Court about this Certification.
Certification was granted on January 31, 2019. The parties are preparing for a common issues trial. The trial dates have not been scheduled yet.