On July 23, 2026, the Superior Court of Québec dismissed all applications filed by the Attorney General of Québec and several school service centres seeking to dismiss the recursory actions brought by the Brothers of the Sacred Heart, as well as an application for abuse of procedure.
Those actions arise from the settlement of two class actions involving allegations of sexual abuse, which the Brothers of the Sacred Heart settled by paying C$60 million in compensation to victims. The Brothers are suing the Attorney General of Québec and several school service centres to require them to assume their share of liability as solidary co-debtors.
In its judgment, the Court concluded that a recursory action based on solidary liability among co-debtors could be pursued following a settlement reached without any admission of liability, and that the allegations, if proven, could establish solidary liability between the parties. This decision allows the recursory actions of the Brothers of the Sacred Heart to proceed on the merits.
Fasken acted for the Brothers of the Sacred Heart in these proceedings with a team consisting of Eric Simard, Maria Braker, Vincent Belley and Catherine Simonet.
Jurisdiction
- Québec
