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Form 39.

08
2011
BETWEEN:
Hfx. No. 343536
SUPREME COURT OF NOVA sco r-12urt Administration
SEP 11 2014
JUNE ELWIN, HARRIET JOHNSON and
PLAINTIFFS
-AND-
THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a body
corporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,
representing Her Majesty the Queen in right of the Province of
Nova Scotia
DEFENDANTS
Proceeding under the Class Proceedings Act, S.N.S 2007, c. 28
Affidavit of Richard Crossman
I, Richard Crossman, make oath and give evidence as follows:
1. I am a paralegal and accounting assistant associated with the firm of
Wagners, a law firm operating in the Halifax Regional Municipality, Province of Nova
Scotia who are Counsel for the Plaintiffs and Class Members in the within
proceeding. I have worked on the file of the Nova Scotia Home for Colored Children
since I began my employment with Wagners.
2. I have personal knowledge of the evidence sworn to in this affidavit except
where otherwise stated to be based on information or belief.
3. I state, in this affidavit, the source of any information that is not based on my
own personal knowledge, and I state my belief of the source. I do verily believe the
information from each source cited to be true.

4. I conducted a review of the total disbursements incurred and paid by Class
Counsel. Below is a breakdown of the disbursements which I believe, through my
knowledge and review of the file and discussions with Raymond Wagner, were
reasonably and necessarily incurred by Class Counsel.

FILING FEES

5. Class Counsel brought forth 62 individual actions on behalf of former
residents of the Nova Scotia Home for Colored Children in addition to Elwin et al v.
AGNS et al. Class Counsel incurred and paid fees for the filing of the 63 claims total
as well as the purchase of law stamps for the filing of the 63 claims total. In addition,
Contingency Fee Agreements were filed for many of the claims and Notices of
Motions were filed at a cost for some of the claims. Disbursements for filing fees
total $12,941.23.

POSTAGE, COURIER, PRINTS, PHOTOCOPIES, FAXES, SCANS

6. Class Counsel have incurred and paid the administrative expenses:

Postage - $4,047.84.
Couriers - $2,240.40.
Prints, both black and white and colour - $5,322.30.
Photocopies - $22,746.40 (113,732 pages at .20 cents per page).
Faxes - $1,259.50.
Scanning - $632.55.

7. The above noted charges incurred and paid total $36,248.99. HST applied at
15% totals $5,437.35. Expenses incurred and paid for postage, couriers, prints,
photocopies, faxes and scanning inclusive of HST totals $41,686.34.

SERVICE FEES, INVESTIGATIVE SERVICES, SEARCH FEES, CONTRACTED
LEGAL SERVICES

8. Service fees were incurred and paid by Class Counsel. These expenses
relate largely to service of the individual Notices and Action and Statements of Claim
as well as service of the claim Elwin et al v. AGNS et al. These expenses total
$838.10. HST applied at 15% totals $125.71. Expenses incurred and paid for
service fees inclusive of HST total $963.81.

9. Expenses were incurred and paid by Class Counsel with regard to
investigative services. The total cost for investigative services is $4,881.29. HST
applied at 15% totals $732.19. Expenses incurred and paid for investigative
services inclusive of HST are $5,613.48.

10. Search fees were incurred and paid for services such as locating clients to
confirm their attendance at discovery examinations. The total cost of search fees is
$815.00. HST applied at 15% totals $122.25. Expenses incurred and paid for
search fees inclusive of HST totals $937.25.

11. Various contract legal services were utilized for services such as the swearing
of out-of-province Affidavits in support of the Plaintiffs Certification Motion. The total
cost for contracted legal services is $525.16. HST applied at 15% totals $78.77.
Expenses incurred and paid for contract legal services inclusive of HST total
$603.93.

MEDICAL RECORDS

12. To fulfill the disclosure obligations of former residents, requests for various
medical records were incurred and paid by Class Counsel. Many of these expenses
were incurred to fulfill discovery undertakings requested by the defendants.
Expenses for medical records total $7,533.79. HST applied at 15% totals $1,130.06.
Expenses incurred and paid for medical records inclusive of HST total $8,663.85.

DISCOVERY EXAMINATIONS

13. Class Counsel incurred and paid towards the cost of conducting discovery
examinations for many former residents of the Nova Scotia Home for Colored
Children. Costs for the attendance of court reporters and well as production of
discovery transcripts was incurred and paid. The total cost for these expenses is
$5,425.07. HST applied at 15% totals $813.76. Expenses incurred and paid for
discovery examinations inclusive of HST total $6,238.83.

TRAVEL, ACCOMODATION, AND MEALS

14. Expenses for airfare, hotel accommodation, and meals were incurred by both
Class Counsel and the Plaintiffs. Expenses were incurred and paid to fly clients
from various provinces to Nova Scotia and vice versa to attend discovery
examinations and cross examinations. As well, clients were flown to consult with
experts for the preparation of reports. Accommodations and meals were also
incurred. Below is a breakdown of some of the flight and hotel accommodations
incurred and paid by Class Counsel:

Discovery Examination expenses

Plaintiff Air fare Hotel
Krista Borden $659.25 $409.87
Lizzette Dorrington $659.25 $409.87
Marcus Estwick $710.59 N/A
Lawyer Rand $2,415.36 $686.46
Leanne White $901.25 $1,319.66






Consultations with Dr. G.E. Robinson

Plaintiff Air fare Hotel
Krista Borden $856.59 $269.56
Lizette Dorrington $856.59 $269.56
Tracey Dorrington-Skinner $493.25 $188.71
Leonard Smith $578.25 $167.00

Consultation with Sandra Preeper

Plaintiff Air fare Hotel
Krista Borden $1,001.59 $783.50

15. Class Counsel incurred and paid expenses for the cross examinations of the
Representative Plaintiffs on two occasions due to a last minute rescheduling of the
dates for the cross examinations.

Out of-Court Cross Examination Expenses

Plaintiff Air fare Hotel
Harriet Johnson $847.89 $796.00
June Elwin $568.25 $502.44
Deanna Smith $2,135.73 $995.0

In-Court Cross Examinations

Plaintiff Air fare Hotel
Harriet Johnson $669.34 $894.00
June Elwin $678.25 $486.66
Deanna Smith $1,178.28 $1,203.00


16. In addition to the items listed above, travel funds to accommodate Plaintiffs to
their various engagements were provided. As well, meals expenses were incurred
and paid. Various other flights and hotels were incurred and paid for clients
attendance at court hearings and engagements. Expenses for airfare, hotels, and
meals total $42,390.55. HST at 15% totals $6,358.58. Expenses for travel,
accommodation and meals incurred and paid inclusive of HST total $48,749.13.

EXPERTS

17. Numerous expert reports were obtained over the course of the litigation.
Below is a breakdown of the experts consulted and their respective costs incurred
and paid.

Dr. Charles Hayes (Psychologist)

Plaintiff Invoice Cost
Tracey Dorrington-Skinner Feb 2012 $4,631.25 + $2,500.00 retainer
Gifford Farmer 07-419 $3,918.75 + $2,500.00 retainer
Gerald Morrison 07-418 $4,592.75 + $2,500.00 retainer
Robert Borden 08-363 $7,312.25 + $2,500.00 retainer
and additional fee of $1,800.00
Paul Carvery 12-501 $6,067.50
Leonard Smith 08-032 $2,500.00




Sandra Scarth (Expert in Child Welfare Standards)

Plaintiff Invoice Cost
Tracey Dorrington-Skinner 01/12 $1,520.83
Tracey Dorrington-Skinner February 2013 $13,062.50
Krista Borden 01/12 $1,520.83
Krista Borden January 2014 $4,625.00
Lizette Dorrington 01/12 $1,520.84
Elwin et al v. AGNS et al 01/13 $2,531.25
Elwin et al v. AGNS et al 01/12 $11,144.37

Sandra Preeper (Rehabilitation Consultant)

Plaintiff Invoice Cost
Krista Borden 2240 $2,019.70
Tracey Dorrington-Skinner 2215 $4,934.15

Dr. G.E. Robinson (Psychiatrist)

Plaintiff Invoice Cost
Leonard Smith July 10, 2013 $8,575.00

Jessie Gmeiner (Actuary)

Plaintiff Invoice Cost
Tracey Dorrington-Skinner G3466 $9,960.00

18. Total expenses for expert reports incurred and paid by Class Counsel is
$102,236.97. HST applied at 15% totals $15,335.54. Expenses incurred and paid
for expert reports inclusive of HST totals $117,572.51.

19. Expenses were incurred and paid towards counseling services provided by
Jane Earle. These services were provided to various Plaintiffs and Class Members.
Total expenses for Ms. Earles services are $16,000.00. HST applied at 15% totals
$2,400.00. This expense inclusive of HST totals $18,400.00.

20. Expenses for appeals to the Supreme Court of Canada regarding the matters
of Borden v. AGNS et al and Smith v. AGNS et al were incurred and paid by Class
Counsel. These expenses total $64,206.44. HST applied at 15% totals $9,630.96.
Expenses incurred and paid for appeals to the Supreme Court of Canada inclusive
of HST total $73,837.40.

21. Class Counsel incurred and paid $2,800.00 for the translation of a decision
from the Quebec Court of Appeal in support of its Motion for Leave to Appeal to the
Supreme Court of Canada. HST applied at 15% totals $420.00. This expense
inclusive of HST totals $3,220.00.

22. Subsequent to above noted appeals, Class Counsel incurred and paid cost
awards to the Defendants. The cost incurred and paid to the Defendants is
$12,100.62.

23. As evidenced by the signed Contingency Fee Agreements, loans were
borrowed from BridgePoint Financial Services against twelve of the Plaintiffs claims
during the period of November 2008 September 2011 to assist with the financing
of expenses such as expert reports. The total amount of the principal of the loans is
$130,201.25.

24. Class Counsel incurred interest at a rate of 18% on the principal of the loans.
Class Counsel has incurred a total of $109,600.03 in interest on these loans. The
interest has been allocated to the clients files as a non-taxable disbursement.


25. Expenses were incurred and paid with regard to the Notices of Settlement
with the Defendants. Notices were advertised in the Globe & Mail, the Metro News,
the Chronicle Herald, and the St. John Telegraph Journal. Expense incurred and
paid total $45,233.51. HST applied at 15% totals $6,785.03. Expenses incurred
and paid for advertising Notices inclusive of HST total $52,018.54.

26. Class Counsel seek reimbursement of the reasonable and necessary
disbursements they have incurred in representing the interests of the former
residents of the Nova Scotia Home for Colored Children for the past sixteen years.
From my review of the file and knowledge of the proceedings, these incurred
disbursements (itemized above) total $513,146.95 inclusive of HST ($463,776.75
+ $49,370.20 HST).



Sworn to before me )
on the 11
th
day of September, )
2014 at Halifax, Nova Scotia. )
)
)
)
Signature of Authority Richard Crossman