New judge needed for long-running Estabrooks lawsuit against city

After the City of Saint John was found liable to the alleged victims of sex offender and former police officer Kenneth Estabrooks, what's left is to decide how to pay compensation in the class action lawsuit.

But that is going to be a lengthy step in an already decade-spanning lawsuit, and it will have to be handled by a new judge, Justice William Grant told lawyers Wednesday in a Court of Kings Bench case management conference.

"I'm not going to be a judge by then," Grant told the court. "It might be a good time to appoint another judge."

Estabrooks is alleged to have sexually assaulted multiple children in Saint John and was convicted in 1999 of indecent assault on four children. He worked as a police officer from 1953 to 1975 and in the city's works garage from 1975 to 1983. He received a six-year prison sentence and died in 2005.

The class-action lawsuit, alleging that the city failed to protect hundreds of children from Estabrooks, was first filed by Bobby Hayes in 2013. Grant ruled after a trial in 2022 that the city was liable for the time Estabrooks was with the works department, but not as a police officer.

In 2023, the Court of Appeal ruled that Estabrooks in fact counted as a city employee the whole time, and in May of this year the Supreme Court dismissed the city's appeal.

WorkSafeNB ruled in April that victims of Estabrooks during his time in the works garage could file workers' compensation claims, meaning the lawsuit now focuses on Estabrooks' time as an officer.

Hayes's lawyer John McKiggan said the only thing left is for the court to rule on a motion to determine how to verify and compensate Estabrooks's alleged victims. But it's a big "only," he said.

"While it is the last remaining step in the process, there is no agreement between the parties regarding how this step should be done," said McKiggan, saying legislation requires a process that is "simple and cost-efficient."

The city's lawyer, Michael Brenton, declined a request for comment, citing that the matter is before the courts.

Christine Michaud, executive assistant for Chief Justice Tracey DeWare, confirmed that Grant is retiring in the fall of 2025, and "given the likelihood" that the case would continue, the court is looking to appoint a new judge to relieve him in the coming weeks.

In a teleconference heard in court Wednesday, Grant said he expected to approve a notice to send to class-action members. Celeste Poltak, who also represents Hayes, told court that there's no claims process yet, and therefore they can't give direction on any class members on what to do next.

Brenton said the city's focus is to "identify as best we can how many class members there are to litigate claims," with some estimates going as high as 200. He said that it's worthwhile to start sooner rather than later, even if the notice even simply advises class members to contact the legal team.

Poltak said these are the "most serious claims," and that the more onerous the process, the less likely people will be to want to come forward. She said their legal team has already sent their estimates of the size of the class, with an estimate of people who may have died in the intervening years.

Grant said that while DeWare asked him to adjudicate the Wednesday hearing, making a decision on the notice would be best left to the judge who would hear the motion regarding the claims process.

Poltak said Grant would be "missed going forward," and thanked him for his "time and attention" in the case. Brenton also thanked the judge, saying he's done a "tremendous job," and that his client thanks him.

"Thank you both for your comments, at least I got you to agree on something," Grant joked.

"It only took nine years!" Poltak replied.

Grant added that lawyers on both sides were a "pleasure to deal with" and contentious only "when it's been necessary." McKiggan added his own thanks, noting also that Hayes had thanked Grant during the trial for the judge's compassion.

Grant's retirement was "well-earned," McKiggan told Brunswick News, but he said it's "unfortunate to lose a judge who has been overseeing this case for the last 10 years."

"We hope that there won’t be too much delay in appointing a new judge to manage the case, given the age of the victims," he said, saying they'd be ready to move quickly once a judge is appointed.

Grant said he'd also be able to sign a consent order between the parties regarding the WorkSafe claims before handing over the case.

Andrew Bates, Local Journalism Initiative Reporter, Telegraph-Journal