Latest news with #NovaScotiaSupremeCourt
CBC
02-05-2025
- CBC
Bedford vice-principal who was stabbed by student files lawsuit
A high school vice-principal who was stabbed by a student two years ago in Bedford, N.S., is suing the school's security guard, the Halifax Regional Centre for Education and the province, saying the incident was preventable. A statement of claim filed on Monday in Nova Scotia Supreme Court says Wayne Rodgers of Middle Sackville, N.S., was stabbed twice by the student at Charles P. Allen High School on March 20, 2023, causing physical and psychological injuries. The teen — who was 15 at the time of the incident — had four knives in his possession when he was called to the school office to explain putting up unauthorized posters in the school, court heard during the criminal case. During a discussion about possible consequences, he stabbed the vice-principal twice. Rodgers had to have a tube inserted in his chest after he was taken to hospital and required surgery for an injury to his diaphragm. The staff member who heard his screams was also stabbed. The boy, whose identity is protected under the Youth Criminal Justice Act, pleaded guilty to two counts of aggravated assault. He was sentenced last September to two years of probation. The allegations The statement of claim alleges the school's full-time security guard failed to recognize that the student was becoming agitated and aggressive and failed to take steps to de-escalate the situation. It also alleges the guard was negligent in leaving Rodgers alone with the student "after causing the student to become agitated and aggressive," and negligent in closing the vice-principal's door when leaving, "which ultimately locked from the outside and trapped the plaintiff inside with the student." The lawsuit alleges the Halifax Regional Centre for Education negligently employed the security guard, who did not have proper training in "search and seizure or de-escalation procedures or techniques." It also alleges the regional centre and the province failed to take appropriate steps to provide for the physical safety of employees, despite being aware of the history of violence at the school and "specific concerns regarding the student." It goes on to detail Rodgers's physical and psychological injuries. "The plaintiff says that this incident was preventable, and the losses and damages he suffered were caused in whole or in part by the negligent acts and/or omissions of the defendants," the statement of claim says. The lawsuit seeks damages, but does not specify an amount. The allegations have not been proven in court and a notice of defence has not yet been filed. A spokesperson for Halifax Regional Centre for Education declined to comment on Friday, saying the matter is before the courts. But Lindsey Bunin did confirm Rodgers is on leave. Robert Carter, Rodgers's lawyer, did not immediately return a request for comment Friday. A spokesperson for the province's Justice Department said it would not be appropriate to comment on a matter before the courts.
CBC
28-02-2025
- CBC
Halifax man gets house arrest for carrying loaded gun, cocaine trafficking
A 29-year-old Halifax man has escaped a prison sentence for carrying a loaded handgun and trafficking in cocaine in 2020. Nathaniel Dominic White has been sentenced to two years of house arrest, followed by two years of probation. Nova Scotia Supreme Court Justice Peter Rosinski released his sentencing decision on Friday, detailing why he opted for less than what the Crown was seeking, and what is typical in cases like this. The Crown had been asking for a five-year sentence. In their brief, prosecutors laid out their reasons for seeking a harsher sentence. "Handguns are killing machines that serve no purpose but to extinguish life, maim, and intimidate," the Crown brief reads. "In the hands of a cocaine dealer, the chance that they will be used to such pernicious effect multiplies." In his decision, Rosinski placed a lot of weight on the Impact of Race and Cultural Assessment that had been prepared for White's sentencing. It spoke at length about White's difficult upbringing in what it described as "low income, crime infested communities." Two of his brothers, Decoda and Ryan, were murdered, and the family had to move abruptly to try to escape the violence. Shots were fired into their home on a couple of occasions. "One evening two armed men in ski masks kicked in the front door to the residence," the author of the report wrote. "These individuals had guns and were threatening the family. Ms. White (Theresa White, Nathaniel's mother) managed to grab her cell phone and call 911. She said the intruders took off before law enforcement arrived." In handing down the suspended sentence, Rosinski noted that White has managed to stay out of trouble since his conviction. White has attributed his change in behaviour to the fact he has a young child, with another one on the way, and he wants to set a good example.
CBC
25-02-2025
- General
- CBC
Former Africville residents still fighting more than 50 years after community was razed
Former residents of the historic Black community of Africville are waiting for another court ruling they hope will pave the way for their decades-long fight for compensation. Those who did not agree with a 2010 settlement that came out of an action that began in 1996 have continued their fight, more than 50 years since the city tore down the community in Halifax's north end to make way for the A. Murray MacKay Bridge. "It's gone on too long," said Nelson Carvery, whose father, Aaron (Pa) Carvery, was the last resident to leave the community on the shore of the Bedford Basin in 1970. He was one of about 400 people from 80 families who lived in Africville, which was settled in the 1800s and established as a predominantly African Nova Scotian community for more than 150 years. Nelson Carvery, now 82, was not involved in the original lawsuit and wasn't happy with the outcome. That agreement between Halifax Regional Municipality and the Africville Genealogy Society did not involve individual compensation but instead included a public apology and $3 million and a hectare of land to rebuild the Africville church, among other things. Carvery is now the only named plaintiff in the ongoing action and is supported by others who want to join. While his case did not meet requirements for a class-action suit, his lawyer is arguing it could still be a multi-plaintiff action. Robert Pineo argued in Nova Scotia Supreme Court in January that residents who farmed, fished and ran businesses were not sufficiently compensated for their loss. "I would like to see the community given back to us — all the land that's not being used given back to the people of Africville," said Carvery, who was born in the community. After hearing arguments from Pineo and the response of the municipality, the court is next expected to rule on criteria that people would need to meet to join the action as additional plaintiffs. According to court documents from the city, 51 people were listed as plaintiffs as of 2012. Another 93 with connections to the community of Africville also now want to join. Warren Grant is among those hoping to be a part of the case. He was also born in Africville, which is now a National Historic Site and holds a UNESCO designation. He said the impact of having to leave has had a lasting effect. "I would like to see money, for starters, and maybe a piece of property to put a house on," Grant said. His family lived on a large piece of land in the community, he said, with a nice home he had hoped would be part of his inheritance. "I'm hurt by it, I still am, big time," Grant said. In its arguments before the court, Halifax said it does not believe any of the additional 93 proposed plaintiffs should be allowed to join the action and that many of the 51 listed as plaintiffs do not qualify either. It said between 1965 and 1967, more than 70 Africville residents gave up their interest in the land by signing agreements known as indentures, effectively ending their property rights. It says none of those people or their descendants should be allowed to be part of the action. It also opposes allowing people who were minors at the time to join. Generations of pain But some are making the case they also have legitimate claims, since they were too young to know what was happening and then lost the chance to be a part of their home community. "We grew up pretty poor, we struggled as a family growing up," said Wayne Adams, whose mother moved to Uniacke Square after being displaced. "If things didn't take place the way they did, how would that have affected my life today in terms of how I grew up?" said Adams, 59. The losses are about much more than money, said Terry Wilson. Wilson, 60, said seeing the community knocked down has caused trauma for many. "All experienced the difficulties of picking up the pieces from the devastation that was brought to the community," Wilson said. "To try to make sense of a life going forward." 'When I die, most of this stuff will go with me' In support of its position, the city is referring to an act the province passed in 1964, which amended the law to specifically allow it to acquire the Africville land. That's not being disputed by Carvery's lawyer, who agrees the city had legal authority to go ahead with the expropriation. However, he is arguing Halifax did not follow procedures correctly when it carried out its plan. Central to Carvery's case, Robert Pineo said, is how Halifax failed to publish an expropriation notice in a local newspaper, which he said should have happened under the city charter and provincial legislation. Carvery is hoping these arguments can be made in a trial within the next year or two so he can still be around to see it. "I reach out everywhere I can because when I die, most of this stuff will go with me." His lawyer expects the judge will outline the next steps in the case in the next couple of months.
CBC
27-01-2025
- Business
- CBC
Judge rejects bid to split lawsuit against investment adviser into 78 separate cases
Social Sharing A Nova Scotia judge has rejected a request from an investment adviser to split a lawsuit against him into 78 separate cases. Frederick Saturley, with his company High Tide Wealth Management, is accused of wiping out the life savings of his clients. The case has been dragging on since late 2020. Earlier this month, Saturley's lawyer, Christopher Robinson, made an application before the Nova Scotia Supreme Court to break up the case against his client. Robinson had argued the plaintiffs didn't have enough in common to justify a single trial. In an oral decision delivered Monday, Justice Denise Boudreau rejected the request. She said if she granted the severance request, the individual trials would drag on for years. As it is, the case is still in its early stages, even though the initial statement of claim was filed in September 2020. The case centres on the stock market collapse at the beginning of the COVID-19 pandemic. The plaintiffs allege that Saturley had engaged in investment strategies that were far more aggressive than they were comfortable with, and that he did it without their knowledge. The market collapse wiped out their accounts. In some cases, investors actually owed the bank additional money. One of the lawyers for the investors estimates their losses at around $40 million.
