Your use of this website constitutes acceptance of the Cohen Highley LLP Terms & Conditions.

© Copyright 2002, Cohen Highley LLP. All Rights Reserved.  Cohen Highley Privacy Policy.

The law suit was commenced by Statement of Claim issued October 5, 1998. The Plaintiffs are the former students (“survivors”) of the Mohawk Institute, a Residential School located in Brantford, Ontario, near the Six Nations of the Grand Reserve.

The law suit lists a number of proposed representative Plaintiffs. The proposed representative Plaintiffs are from various First Nations located in Southwestern Ontario. One or more of these Plaintiffs attended the Mohawk Institute for each year during the period 1943 - 1967.

Compensation for the survivors is sought for mistreatment and inadequate care while in attendance at the Mohawk Institute.

The survivors claim for compensation is framed as an action for breach of fiduciary duty, negligence, assault, battery, breach of Aboriginal rights, breach of Treaty rights and intentional infliction of mental suffering.

The claim also seeks damages for the families of the survivors pursuant to section 61 of the Family Law Act. However, as a result of a decision of the Court of Appeal for Ontario this claim is no longer valid. This, however, does not preclude a claim for family members framed as an action for breach of fiduciary duty.

The relief sought on behalf of the survivors includes:

• a declaration that the Defendants have breached their fiduciary obligations to the Plaintiffs arising from their conduct, and that of their servants, agents or employees, in the operation of the Mohawk Institute Residential School;

• compensation and/or damages for breach of fiduciary duty, negligence, assault, battery, breach of Aboriginal and Treaty rights in the amount of $900,000,000.00;

• punitive, exemplary and/or aggravated damages in the amount of $150,000,000.00;

• The relief sought on behalf of families includes:

• compensation and/or damages for breach of fiduciary duty in the amount of $600,000,000.00;

• further, or in the alternative, damages for loss of care, guidance and companionship in the amount of $600,000,000.00; and

• punitive, aggravated or exemplary damages in the amount of $50,000,000.00.