Supreme Court of Nova Scotia Dismisses Attempt to Countersue Victims of Alleged Sexual Abuse

The Supreme Court of Nova Scotia has rejected an attempt by Ernest Fenwick MacIntosh to to countersue six plaintiffs who allege that MacIntosh sexually abused them during the 1970s and 1980s.

In a high profile criminal case, MacIntosh was convicted of abusing certain of the plaintiffs in 2010, but the convictions were overturned based on Crown delay in extraditing MacIntosh to Canada to stand trial. As a result of the ensuing public outcry, the Nova Scotia Legislature removed the limitation period for claims for sexual abuse. The plaintiffs commenced a civil action against MacIntosh in December 2019.

At a motion heard on May 25, 2022, MacIntosh sought the Court’s permission to countersue the plaintiffs for defamation. On December 5, 2022, Justice Murray dismissed his motion, ruling that the proposed claims had no chance of success, due to the expiry of applicable limitation periods and absolute privilege’s protection of statements made in court filings and testimony.

Justice Murray’s decision can be found here.

Naymark Law represents the plaintiffs jointly with Jonathan Rosenthal, with a team led by Daniel Naymark that includes Dillon Collett and Stephanie Fong.