Sex-abuse plaintiff accuses City of Saint John of stalling class-action suit

Bobby Hayes has a message for the City of Saint John — stop stalling and allow the victims some justice. 

"Without a doubt, the city is dragging this on," said Hayes, the representative plaintiff in a class-action suit against the city. 

"They're hoping that we'll die … we'll give up. ... [But] we're not dead. There's a lot of victims looking for justice."

The class action includes those who allege injury, loss or damage as a result of being sexually abused by former police officer Kenneth Estabrooks between 1953 and 1983.

The statement of claim alleges Estabrooks used his authority as a police officer to sexually assault children. 

The suit was filed in 2013 and is slowly making its way through the court system. Both sides are currently trying to agree on a process to identify victims and award damages. As of last Tuesday, when the parties met in court, they were "diametrically opposed" on how to do that, according to the judge presiding over the case. 

If the two sides can't agree on a protocol by Tuesday afternoon, Justice Darrell Stephenson said he would impose one. 

The plaintiffs' Halifax-based lawyer, John McKiggan, told the court on Tuesday that he warns his clients that the approach of some defendants is to delay things so that plaintiffs die or run out of money to pay their lawyers. 

"Oh, it's a waiting game with them," said Hayes in an interview the day after that recent court appearance. "But you know what? I'm gonna be here for a long time. ... I'm gonna get justice. And so will the rest of us — the victims — for what they've done to the children." 

The City of Saint John did not provide an interview as requested but in an emailed statement from the city's communications department, it denied adopting a strategy that "would result in a reduction of the potential number of claimants."

"The City has not employed any such tactics."

The statement said the court "will not allow intentional delays" and that the process being followed is governed by class-action legislation. 

The statement also said the motion from the plaintiffs regarding the protocol was just brought to the court last week, and the City is responding to the class's motion "based on established jurisprudence."

McKiggan estimates the potential plaintiffs range in age from their 60s to 90s.