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NUNAVUT - The civil suit against the governments of Nunavut and the Northwest Territories by 70 students of former teacher Ed Horne is being kept out of the courts, at least for the time being.

The court has granted the parties’ request to postpone the forthcoming trial, which was scheduled to begin in March.

Lawyers say one third of claims in the civil suit against NWT and Nunavut involving former teacher Ed Horne have been settled out of court. - NNSL file photo

Budden, Morris Law Offices proceeded with legal action in 2004 on behalf of clients who say they were sexually abused by Edward Horne, a teacher employed by the Government of the Northwest Territories in the communities of Sanikiluaq, Iqaluit, Apex, Kimmirut, Grise Fiord and Cape Dorset between 1971 and 1985.

About a third of the claims have been resolved through a pre-trial, judicially-assisted mediation process, said Geoffrey Budden, the plaintiffs’ attorney.

He said for now, both parties have agreed to try to resolve remaining claims without going to court.

“We feel that the mediation session worked well in that all parties put a lot of effort into the mediation,” he said. “The mediation is going to continue through the spring and summer. We look forward to working with the government and hope to be able to resolve what’s left out there.”

Brad Patzer, a lawyer for the Northwest Territories representing both governments in the litigation, said he was pleased with the mediation process, which tends to be less costly and stressful for both sides.

“We were encouraged by the fact that we were making some progress with the file,” he said. “I guess in pursuing mediation, if we do experience some success at the end of the day, it consumes much less court time and it’s a process that’s a little more informal than the court process.”

Patzer was partially involved in a previous civil suit Budden had brought forward on behalf of another group of Horne’s students who had suffered similar abuse. The case was settled out of court in 2002, with the governments paying $21.5 million to 82 former students of the convicted pedophile.

As in the first civil suit, the plaintiffs are looking for financial compensation, as well as monies for treatment and healing, known as future care, said Budden.

“You would also be looking for legal costs that would be incurred in pursuing the case,” he added. Budden was unable to disclose the types of issues that had yet to be resolved through mediation, but said there was “no treatment plan in place at the moment.”

But Patzer said treatment was something the parties will negotiate as they continue mediation.

“We anticipate that there will be an agreement on treatment at the end of the day,” he said. “I’m cautiously optimistic that we’ll be able to resolve all the issues.

“There’s a lot of work ahead of us.”

Budden said the outcome of the civil suit could pave the way for four new lawsuits he has brought forward on behalf of over 50 Nunavummiut molested by employees of the federal and territorial governments from 1967 to 1986.

“Those are not as far along in the process yet,” he said. “We do hope if there’s a positive resolution of this case, it would be a good omen for the cases that are still out there.”