Brought under the Class Actions Act, S.N.L. 2001, c. C-18.1

Institutional Class Action - Whitbourne, Pleasantville Training Schools & St. John’s Youth Centre Sexual Abuse Class Action Settlement

Did you attend a Training School or a Youth Secure Custody Institution
between May 1, 1973 to June 28, 1989?

Complete, Sign and Submit both Track 1 and Track 2 Claim Forms by the
Claims Bar Deadline of October 9, 2023, 11:59 PM, EST

Click Below for Claim Forms

Claim Form Package Letter
Track 1 Claim Form (Attestation)
Track 2 Claim Form

You must complete, sign and submit your Claim Forms before October 9, 2023, 11:59 PM, EST. You cannot make a Claim after this date, and you will not be able to participate in the Settlement.

The staff at Trilogy Class Action Services and the Abuse Claims Reviewer (“ACR”) understand that the Claims process may be extremely overwhelming and stressful.  We are here to help.

If you require assistance to complete the Claim Form, please call Sarah Lockie at Trilogy Class Action Services. You may call Trilogy Class Action Services (Sarah Lockie) or the Abuse Claims Reviewer (Rhonda Fiander) at 1-877-400-1211.

Track 1 and Track 2 Claim Forms may be submitted by one of the following methods:

1. Email at: ;
2. Fax at: 416-342-1761
3. Purolator Courier (Prepaid): please email us for individualized prepaid courier label.
4. Mail: (not the most secure nor confidential – please take advantage of the prepaid Purolator courier)

Trilogy Class Action Services
117 Queen St, P.O. Box 1000,
Niagara-on-the-Lake, ON,
L0S 1J0

The Supreme Court of Newfoundland and Labrador (the "Court") approved this notice. This is not a solicitation from a Lawyer.

The Supreme Court of Newfoundland and Labrador has approved a Settlement between the Province of Newfoundland and Labrador and persons who were subjected to sexual abuse while attending training schools or youth secure custody Institutions between May 1, 1973 to June 28, 1989.

• 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 Class does not include people who died before March 10, 2022, people who have already sued and received compensation, people who opted out of the class action, and people who are not normally resident in Newfoundland and Labrador and did not opt into the class action.

• sexual assault by staff, volunteers, and other residents;
• beatings where the young person was naked or partially naked;
• detention while naked or partially naked; and
• sexually derogatory language.

You will have to attest, under penalty of perjury, that you were subjected to sexual abuse during the Class Period while you attended one of the included Institutions.

The Claims Administrator shall ask the Defendant to confirm that: (a) the Abuse Claimant was a resident of an Institution during the Class Period; and (b) the Abuse Claimant has not executed a release for any Released Claim. The Defendant shall make reasonable efforts to respond to the Claims Administrator’s request within 30 business days. The Defendant’s failure to confirm the Abuse Claimant’s residency at an Institution during the Class Period shall not be determinative of Class Membership. If there is no response from the Defendant, the Administrator is to evaluate the claim.

The province will pay $12,500,000 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. The Settlement Funds will be divided between Class Members, subject to a $500,000 cap on any Class Member's Claim. Additionally, the Province will pay up to $250,000 to provide Notice of the Settlement and $30,000.00 in honoraria for the Representative Plaintiffs.

Class Member compensation will vary with the severity of the abuse they suffered and the injuries they sustained, subject to a $500,000 cap on any Class Member's Claim. The Court has decided that an independent Claims Administrator will review all the Class Members Claims and determine how much compensation each Class Member will receive.

Class Members must submit their claims within one year of the date on which the approval of the settlement becomes final. This means that if you think you are eligible, you must submit a Claim with the Claims Administrator by October 9, 2023. After the Claims Administrator has reviewed all the Claims, they will distribute the compensation.

1. Duration;
2. Frequency/number of instances;
3. Degree of intrusiveness into child's body (e.g., clothed/unclothed, oral, anal, vaginal);
4. Level or severity of force, violence, coercion, or threats;
5. Control of environment (e.g., solitary confinement, isolated on a field trip);
6. Number of persons that abused the Claimant;
7. Reported sexual abuse to an authority figure; and/or
8. Presence and extent of grooming.

KEY DEFINITIONS FOR TRACK 1 and TRACK 2 CLAIM FORMS

“Abuse Claim” means a completed Claim Form.

“Abuse Claimant” means a person who submits a Claim Form to the Claims Administrator during the Claims Period. (Claims Bar Deadline is Monday, October 9, 2023)

“Claim Form” means either a Track 1 Claim Form or a Track 2 Claim Form.

“Class” and “Class Members” means all persons, except Excluded Persons, who were subjected to misconduct of a sexual nature by a Delegate or a fellow resident of the Institutions while the Class Member was resident at, or attended for any period of time, one or more of the Institutions during the Class Period.
The Class includes the Plaintiffs;

“Class Period” means May 1, 1973 to June 28, 1989;

“Excluded Persons” means:

1. all persons who have executed a release to the benefit of the Defendant for any of the claims asserted in the Action;
2. all persons who, as of the date of the Certification Order, did not make their primary residence in the Province of Newfoundland and Labrador, and who did not opt into the Action in accordance with the Certification Order;
3. all persons who opted out of the Action in accordance with the Certification Order; and
4. all persons who died before March 10, 2022.

“Institutions” means the following facilities, which housed minors and were operated by the Defendant in the Province of Newfoundland and Labrador during part or all of the Class Period:

1. 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 of Newfoundland and Labrador;
2. 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
3. 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.

“Sexual Abuse” means non-consensual conduct of a sexual nature perpetrated by a Delegate or another resident of an Institution, which occurred while the Abuse Claimant was resident at, or attended for any period of time, one or more of the Institutions, and which violated the sexual integrity of the Abuse Claimant, including sexual battery and sexual assault. Sexual Abuse excludes conduct that was merely physical or psychological in nature, but not sexual.

KEY SUMMARY FOR TRACK 1 CLAIMS

Track 1 Claims require the Claimant to attest that they were subjected to Sexual Abuse at an Institution during the Class Period.

Each Track 1 Claim will be allotted 10 points, with a value of $50,000, subject to a pro rata reduction, as necessary, in the event the Settlement Funds are insufficient to pay $5,000 per point. If the Claims Administrator concludes that the Abuse Claimant is not a Class Member, no points shall be allotted to the Abuse Claim and the Abuse Claimant shall receive no portion of the Net Settlement Funds.

There shall be no reconsideration of the points allotted to a Track 1 Abuse Claim.

If the Claims Administrator or the ACR believes that the Abuse Claim is fraudulent or contains intentional errors that would materially overstate the value of the Abuse Claim, then the Claims Administrator or the ACR has the discretion to dismiss the Abuse Claim or reduce the Abuse Claim to cure the defect.

If the Claims Administrator determines that an Abuse Claimant is not eligible for inclusion in the Class, the Claims Administrator shall provide notice to the Abuse Claimant within 45 days.

Any Abuse Claimant who wishes to supplement the information provided in the Claim Form shall do so within 60 days of the date upon which the Abuse Claim was submitted. Thereafter, the Claims Administrator and the ACR shall not consider any further information supplied by the Abuse Claimant unless the Claims Administrator or the ACR, in their discretion, grants an extension of time on a showing of good cause by the Abuse Claimant.

DETERMINATION OF NATURE OF ABUSE CLAIMS - Track 1 Claims

The Track 1 Claim Form (Claimant) will attest, under penalty of perjury, that the Abuse Claimant was subjected to Sexual Abuse during the Class Period. If the Administrator is satisfied that the Abuse Claimant is eligible for inclusion in the Class and the Administrator has no credible and reliable evidence to refute the attestation in the Track 1 Claim Form, the Claims Administrator will allot 10 points to the Track 1 Abuse Claim.

KEY SUMMARY FOR TRACK 2 CLAIMS

“Track 2 Claim Form” means Statutory Declaration, which describes Sexual Abuse that an Abuse Claimant suffered during the Class Period while resident at an Institution.

Track 2 Claims will be scored on the 100-point scale based on nature and impact of Sexual Abuse as set out in the Distribution Protocol Sections 5, 6 and 7.

Track 2 Claims will be assigned a point value that determines the amount of money to be paid. The maximum number of points that can be assigned to a claim is 100 points for a maximum value of $500,000.

The value of a point is $5,000, subject to a pro rata reduction in the event that the Settlement Funds are insufficient to pay $5,000 per point.

Track 2 Claims will be assessed by the Abuse Claims Reviewer ("ACR"). The Court appointed Rhonda Fiander, MSW, RSW as the ACR.

The ACR shall evaluate each Track 2 Claim Form and assign it to either Track 2A or Track 2B.

Track 2 Claims will be separated into 2A and 2B, with the latter encompassing those claims that allege oral, vaginal or anal penetration, as well as those claims that merit an interview.

Abuse Claims alleging Sexual Abuse that includes oral, vaginal or anal penetration will be assigned to Track 2B, as will those Abuse Claims which, in the discretion of the ACR, warrant an interview.

The ACR will assess all Track 2A Abuse Claims on the information provided in the Track 2 Claim Form and any accompanying documents. The ACR will consider the written Claim and any appended materials to score Track the 2A Claim.

The ACR will assess all Track 2B Abuse Claims on the information provided in the Track 2 Claim Form, any accompanying documents, and a mandatory interview with the Abuse Claimant. Should an Abuse Claimant refuse an interview or decline to participate, their Abuse Claim will be reassigned to Track 2A.

If the ACR concludes that the Abuse Claimant is not a Class Member, no points shall be allotted to the Abuse Claim and the Abuse Claimant shall receive no portion of the Net Settlement Funds.

A dissatisfied Track 2 Claimant can ask the ACR to reconsider a score. There will be no further review of that reconsideration.

The points allotted to a Track 2 Abuse Claim in the Claim Determination Notice from the Claims Administrator (ACR) shall be final 30 days after receipt of the Claim Determination Notice unless the Abuse Claimant writes to the Claims Administrator (ACR) to request reconsideration.

If the Claims Administrator or the ACR believes that the Abuse Claim is fraudulent or contains intentional errors that would materially overstate the value of the Abuse Claim, then the Claims Administrator or the ACR has the discretion to dismiss the Abuse Claim or reduce the Abuse Claim to cure the defect.

If the Claims Administrator determines that an Abuse Claimant is not eligible for inclusion in the Class, the Claims Administrator shall provide notice to the Abuse Claimant within 45 days.

Any Abuse Claimant who wishes to supplement the information provided in the Claim Form shall do so within 60 days of the date upon which the Abuse Claim was submitted. Thereafter, the Claims Administrator and the ACR shall not consider any further information supplied by the Abuse Claimant unless the Claims Administrator or the ACR, in their discretion, grants an extension of time on a showing of good cause by the Abuse Claimant.

DETERMINATION OF NATURE OF ABUSE CLAIMS Track 2A and Track 2B Claims

The ACR shall evaluate each Track 2 Claim Form and assign it to either Track 2A or Track 2B. Abuse Claims alleging Sexual Abuse that includes oral, vaginal or anal penetration will be assigned to Track 2B, as will those Abuse Claims which, in the discretion of the ACR, warrant an interview.

The ACR will assess all Track 2A Abuse Claims on the information provided in the Track 2 Claim Form and any accompanying documents.

The ACR will assess all Track 2B Abuse Claims on the information provided in the Track 2 Claim Form, any accompanying documents, and a mandatory interview with the Abuse Claimant. Should an Abuse Claimant refuse an interview or decline to participate, their Abuse Claim will be reassigned to Track 2A.

Before allotting points to an Abuse Claim, the ACR shall consider the degree to which the Abuse Claimant has established that the Sexual Abuse occurred. The ACR should consider the coherence, credibility and consistency of the Abuse Claimant’s accounts of the abuse and should consider any and all evidence that may enhance or diminish the overall reliability of such claims. If the ACR considers that the Abuse Claimant likely did not suffer Sexual Abuse they may allot no points to an Abuse Claim.

DISCLAIMER

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.