N.S. Court of Appeal denies Ernest Fenwick MacIntosh’s appeal

Nova Scotia’s highest court has dismissed a bid by Ernest Fenwick MacIntosh to sue six men who accused him of sexually abusing them when they were young boys in the 1970s.

The men all made criminal complaints against MacIntosh, and he was convicted on 17 charges following two trials in 2010 and 2011. But the Nova Scotia Court of Appeal ultimately quashed those convictions, arguing the cases had taken too long to come to trial. That decision was upheld by the Supreme Court of Canada.

The six men then launched a civil lawsuit against MacIntosh in 2019.

MacIntosh tried to turn the tables on his accusers, by seeking permission from the Nova Scotia Supreme Court to sue them.

Justice Patrick Murray refused MacIntosh’s request to amend his defence to add the countersuit.

MacIntosh appealed Murray’s decision to the Court of Appeal.

In a brief hearing Thursday, a three-member appeal panel dismissed MacIntosh’s application.

The judges said they didn’t even need to hear from lawyers for the six men; they dismissed the appeal after only hearing from MacIntosh. The appeal panel also awarded the six men $2,000 in costs.