Schools for the Deaf
Martell & Perrier v. Attorney General of Nova Scotia
Nova Scotia Supreme Court File: Hfx No. 447198
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.
Update – March 4, 2020
Frances Willick, a reporter with CBC News Nova Scotia, authored an article entitled Childhood Lost about the experiences of former students of the Halifax and Amherst Schools for the Deaf and Hard of Hearing. The article can be viewed on the CBC website at the following link: https://newsinteractives.cbc.ca/longform/childhood-lost
A story also appeared on the CBC Nova Scotia News at 6. The newscast can be viewed at the following link: https://www.cbc.ca/news/canada/nova-scotia/cbc-nova-scotia-news-march-03-2020-1.5484561
Update – January 31, 2019
The Nova Scotia Supreme Court has certified this matter as a class action pursuant to the Nova Scotia Class Proceedings Act.
A copy of the Certification Order and Opt-Out form are available under the Court Documents tab above.
Update – October 14, 2016
On today’s date, Wagners filed an Amended Notice of Action and Amended Statement of Claim concerning allegations of abuse of former pupils of the Schools for the Deaf in Halifax and Amherst, Nova Scotia.
A copy of the amended claim may be found under the Court Documents tab.
Update – February 12, 2016
On Saturday, February 20, 2016, lawyers Raymond Wagner, Q.C. and Madeleine Carter of Wagners will host an information meeting for the benefit of former students of the Schools for the Deaf in Nova Scotia who have expressed interest in the class action concerning abuse and neglect at the schools.
The February 20th meeting will commence at 1:00 p.m. and will take place at The Holiday Inn Express & Suites, 400 Main Street, Saint John, New Brunswick.
The purposes of the meeting are to meet the legal team and representative plaintiffs as well as to learn more about how the class action process works.
In the not too distant future similar meetings will be held in Sydney, Cape Breton and Halifax. We will contact class members and post information on this page once the future meeting particulars have been finalized.
Update – January 13, 2016
On today’s date, Wagners filed its Notice of Action and Statement of Claim concerning allegations of abuse of former pupils of the Schools for the Deaf in Halifax and Amherst, Nova Scotia.
A copy of the claim may be found under the Court Documents tab.
Update – October 28, 2015
On today’s date, Wagners served a Notice of Intended Action on the Attorney General of Nova Scotia with respect to the proposed class proceeding that will be filed upon the expiration of the two month notice period.
The Notice is available for viewing under the Court Documents tab.
The following documents concerning the class action which has been filed by Wagners in relation to allegations of abuse at the two deaf schools in Nova Scotia are available for viewing in PDF format:
- Opt-Out Form
- January 31, 2019 – Order for Certification
- February 6, 2019 – Third Fresh as Amended Notice of Action and Statement of Claim
- November 2, 2017 – Second Amended Notice of Action and Statement of Claim
- October 14, 2016 – Amended Notice of Action and Amended Statement of Claim
- January 13, 2016 – Notice of Action & Statement of Claim
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 sign up and determine if you qualify, please fill out this registration form: