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It is a Civil Law Concepts and Cases with little case study in it and questions to respond to
For
this assignment, you’ll examine a real case from 2003: Kaiswatum v.
Canada (Attorney General). The plaintiff is a residential school
survivor who suffered abuses during his stay at Qu’Appelle Residential
School in Saskatchewan. This case demonstrates some of the challenges in
bringing a tort action for breach of fiduciary duty and vicarious
liability. Read the case carefully and answer the following questions.
1. Identify the plaintiff and the original defendant. (1 point)
2. Describe the claims of the plaintiff. What torts were claimed against Canada and why? (2 points)
3. How did the plaintiff describe the damages caused by the Attorney General (representing Canada)?
According to the claim, what duties did Canada have in this situation? (2 points)
4. How did the Attorney General of Canada respond to this lawsuit? What was the third-party claim? (2 points)
5. What is “trespass to the person”? Under what circumstances are parties under a time-limit for bringing an
action for trespass to the person, and under what circumstances are they not? (2 points)
6. What did the judge decide about the limitation period on this case? (2 points)
7. According to the plaintiff, when did the injury or damage cease? (1 point)
8. Why is the Crown Liability Act of 1953 important in this case and to other claims related to residential
schools? [Think about when Canada’s “Indian Residential Schools” were in operation.] (1 point)
9. Research the concept of “discoverability” in law.
o o o
Briefly describe what how discoverability relates to this case. (1 point)
What does the judge’s summary indicate about the next legal steps for the plaintiff’s case? (1 point)
How
could the plaintiff win his case? What difficulties might he face?
[Hint: Review your answers to Questions 6 and 7.] (2 points)
10. This
case is from 2003, and while it illustrates some of the concepts you’ve
learned about in Module 3, it is a relatively old case. Briefly
describe two major legal developments (decisions, processes) made since
this time regarding residential school claims, and two developing issues
that are still before the courts. You will need to conduct your own
research to answer this question. Be sure to cite your sources. The
following two resources may be helpful: (3 points)