Claim Forms will be available through a link to the online claims administration portal or on this website or by contacting the Claims Administrator if the Court approves the Settlement at the Settlement Approval Hearing on June 15th and 16th, 2022.
It is very important that Class Members visit this website on a regular basis for updates.
Jane Doe (#7), John Doe (#10) and John Doe (#11)
Her Majesty in Right of Newfoundland and Labrador
SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
GENERAL DIVISION File No. 2017 01G 2568 CP
Proceeding Under The Class Actions Act, S.N.L. 2001, c. C-18.1
Did you attend a Youth Secure Custody Institution or a Training School
between May 1, 1973 to June 28, 1989?
A lawsuit was certified as a class action on behalf of people who were subjected to sexual abuse while residing at, or attending, a Newfoundland and Labrador training school or youth secure custody institution between May 1, 1973 to June 28, 1989. The institutions included in this class action are:
- the Whitbourne Training School, also known as the Whitbourne Youth Center, the Boys’ Home, the Boys’ Home and Training School, and the Whitbourne School for Boys, at different times, located in Whitbourne;
- the Pleasantville Training School, also known as the Girl’s Home, the Girls’ Home and Training School, and the Pleasantville School for Girls at different times, located in Torbay and St. John’s; and
- the St. John’s Youth Centre.
The Court certified the class action, appointed Jane Doe (#7), John Doe (#10) and John Doe (#11) as Representative Plaintiffs and appointed the law firm of Morris Martin Moore of Mount Pearl as Class Counsel.
The Representative Plaintiffs and the Province have agreed to settle this class action. If the Court approves the settlement, the Province will pay $12,500,000.00 to establish a settlement fund to compensate class members, pay class counsel’s legal fees and disbursements, and pay for the administration of the settlement. Class counsel are asking the Court to approve fees of $3,125,000.00, plus tax, and disbursements to date of $58,899.89, plus tax.
The settlement funds will be divided between class members on the basis of their injuries, subject to a $500,000.00 cap on any class member’s claim. Additionally, the Province will pay up to $250,000.00 to provide notice of the settlement and up to $25,000.00 in honoraria for each of the representative plaintiffs.
The Court must approve the proposed settlement before there is any money or any other benefit available. If the settlement is approved by the Court, class members will give up their rights to sue the Province for sexual abuse they experienced while attending a training school. If you are eligible for compensation, your legal rights will be affected even if you do nothing.
You have three options:
- Object in writing: Write to the Claims Administrator at the address below if you do not like the proposed settlement or the lawyers’ fees and disbursements and you do not want them to be approved by the Court. The Claims Administrator must receive your written objection no later than June 8, 2022.
- Object in person: You do not need to attend Court. However, your written objection may indicate that you would like to address the Court at the hearing of the application to approve the settlement. The application for settlement approval will take place on June 15 and 16, 2022 at the Supreme Court of Newfoundland and Labrador in St. John’s.
If you wish to lead evidence or make submissions, you must be ready to address the Court on June 15, 2022.
- Do Nothing: Give up any right you have to object to the proposed settlement.
If the Settlement Agreement is approved, you will have to comply with its terms to claim compensation. If the Settlement Agreement is not approved, no one will get any benefits under the settlement. A copy of the Amending (Settlement ) Agreement, dated March 28, 2022, is available in the documents section of this website.
You must tell the Claims Administrator, Trilogy Class Action Services, if you want to object to the settlement agreement.
The Claims Administrator can also tell you more about your options and answer your questions about the settlement.
To contact the Claims Administrator, please visit www.NFLDsexabuseclassaction.ca or call 1-877-400-1211. You can also write to Newfoundland and Labrador Sex Abuse Class Action, 117 Queen Street, P.O. Box 1000, Niagara-on-the-Lake, Ontario, L0S 1J0.
The Class is defined as all former residents, save Excluded Persons, who suffered sexual battery and/or other sexual misconduct by a Delegate, or a fellow resident of the Institutions, while residing at any of the Institutions between May 1, 1973 and June 28, 1989 (the “Class Period”), inclusive.
The “Class Period” is from May 1, 1973 to June 28, 1989.
The “Class” hereby divided into two subclasses defined as:
- The “Resident Subclass” being those members of the Class who, as of the date of this Order, are residents of the Province of Newfoundland and Labrador; and
- The “Non-resident Subclass” being those members of the Class who, as of the date this Order, do not make their primary residence in the Province of Newfoundland and Labrador.
Class Members making their primary residence in the Province of Newfoundland and Labrador are automatically a member of the Class unless they OPT OUT of this class proceeding in accordance with the terms of this Order.
Class Members making their primary residence outside the Province of Newfoundland and Labrador MUST OPT IN to this class proceeding in accordance with the terms of this Order.
“Delegates” are defined as the servants, contractors, agents, officers, volunteers and employees of the Defendant and the operators, managers, administrators, teachers, and staff of the Institutions.
“Excluded Persons” are defined as:
- all persons who, as of the date of this Order, have executed a release to the benefit of the Defendant for the claims asserted in this class proceeding;
- all persons who, as of the date of this Order, do not make their primary residence in the Province of Newfoundland and Labrador, and who do not opt into this class proceeding in the manner specified in this Order; and
- all persons who died prior to the date of any judgment or settlement approval in this action;
“Institutions” are defined as the following facilities, which housed minors and were operated by the Defendant in the Province of Newfoundland and Labrador during some or all of the Class Period:
- the facility known as the “Whitbourne Training School” and also known as, inter alia, the “Whitbourne Youth Center”, “the Boys’ Home”, “the Boys’ Home and Training School”, and “the Whitbourne School for Boys” and which was, at different times, located at the town of Whitbourne, in the Province Newfoundland and Labrador;
- the facility known as “the Pleasantville Training School”, and also known as, inter alia, “the Girl’s Home”, “the Girls’ Home and Training School”, and “the Pleasantville School for Girls” and which was, at different times located at the town of Torbay and the City of St. John’s, in the Province of Newfoundland and Labrador; and
- the facility known as the “St. John’s Youth Centre,” which was located in the City of St. John’s, in the Province of Newfoundland and Labrador.
If there is a conflict between the wording of this website, the claims administration portal, the Claim Form, provisions of the Notice (Short-Form and Long-Form Notices) and the Settlement Agreement or Distribution Protocol, the terms of the Settlement Agreement or Distribution Protocol, as applicable, shall prevail.
How do I get more information?We are here to help! If you have any questions or require further information about this class action, please complete this form and submit. We will respond within 24 to 48 hours.
Please see the contact page of this website for contact information for Class Counsel.