Gov't lawyers demand fewer plaintiffs in lawsuit involving Nunavut sex offender

Lawyers representing the governments of Nunavut and the Northwest Territories asked an Iqaluit judge Tuesday if they can streamline the process for hearing a lawsuit involving about 70 plaintiffs alleging they were victims of former teacher and convicted sex offender Ed Horne.

The plaintiffs — whose names are protected by a publication ban — claim that both governments failed to protect them from Horne when they were students at eastern Arctic schools where he had taught in the 1970s and 1980s.

Nunavut was part of the Northwest Territories until 1999, when it formed its own territory.

Horne, now 64, has been convicted during two trials of a total of 28 sex charges involving former Nunavut students. A third criminal trial based on allegations from four more former students wrapped up in January, with a decision expected later this year.

The current lawsuit marks the second time former students of Horne have taken governments to court. The N.W.T. and Nunavut governments reached a $21-million out-of-court settlement with about 82 former students in 2002.

Appearing in pre-trial motions on Tuesday, lawyers for both governments proposed picking eight of the 70 plaintiffs to represent the range of issues related to the lawsuit, including possible damages, negligence allegations, and the question of whether the governments would be held responsible for sexual assaults Horne was alleged to have committed away from school.

Lawyer Robert Dewar warned that having 70 plaintiffs in one statement of claim could present a danger of prejudice, describing a "spillover effect" in which people could believe what 70 people say.

Determining liability could be done with fewer than eight plaintiffs, Dewar suggested, adding that decision based on those eight cases would provide guidance on dealing with the other 62 plaintiffs.

But Geoff Budden, the Newfoundland-based lawyer representing the plaintiffs, told the court Tuesday that the governments' lawyers cherry-picked the eight cases.

Budden proposed that at the very least, he should be able to pick another eight plaintiffs, meaning a total of 16 cases would go to court. Ideally, Budden said he wants all 70 cases to go ahead.

Nunavut court Justice Beverley Browne has reserved judgment on the matter.

Also discussed on Tuesday was a motion from Budden to strike a plea of consent from the governments' statement of defence.

Lawyers for the governments allege that about three plaintiffs had consented to sexual contact with Horne. Budden said the plea of consent should not apply in any of those cases.

Browne also reserved judgment on that motion.