NEWFOUNDLAND AND LABRADOR BOYS’ HOME
AND GIRLS’ HOME CLASS ACTION

Jane Doe (#7) et al v. Her Majesty in right of Newfoundland and Labrador (Court File No. 2017 01G 2568).

WERE YOU IN A GIRLS’ HOME, BOYS’ HOME OR YOUTH DETENTION CENTRE IN
NEWFOUNDLAND AND LABRADOR
BETWEEN MAY 1, 1973 TO JUNE 28, 1989?

IF YES, A Class Action May Affect Your Rights.
You could be affected by a class action against the Government of Newfoundland and Labrador (the “Province”).

A lawsuit has been certified as a Class Action against the Province. The Statement of Claim alleges that the Province is responsible for sexual abuse inflicted on children and youth who were forced to live in training schools and youth centres in Newfoundland. Sexual abuse may include sexual assault by staff, volunteers, other residents and includes beatings where the young person was naked or partially naked and detention while naked.

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:

  1. 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
  2. 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.

Resident Subclass:

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. 

A Class member who is a resident of the Province of Newfoundland and Labrador may opt out of the class proceeding by mailing a signed Opt-Out Form by December 30, 2019 (the “Opt Out Deadline”) .  Please see the OPT OUT section of this website.

That following the Opt Out Deadline, no member of the Class may exclude themselves from the Class except with leave of the Court or by agreement between Class Counsel and counsel for the Defendant.

Non-resident Subclass:

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. 

A Class member who is not a resident of the province of Newfoundland and Labrador may opt in to the class proceeding by mailing a signed Opt-In Form by December 30,2019 (the “Opt In Deadline”).  Please see the OPT IN section of this website.

That following the Opt In Deadline, no person may join the Class except with leave of the Court or by agreement between Class Counsel and counsel for the Defendant.

The Class Period is from May 1, 1973 to June 28, 1989.

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:

  1. 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;
  2. 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
  3. all persons who died prior to the date of any judgment or settlement approval in this action;<.li>

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:

  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 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.

This lawsuit has been “certified” as a class action. This means that the lawsuit meets the requirements for a class action and may proceed to trial. If you are included in the class, you may have legal rights and options before the Court decides whether the claims being made against the Province on your behalf are correct.

The lawsuit says that the Province failed to protect children and youth who resided in Training Schools, Youth Detention Centres, Boys’ Homes and Girls Homes form sexual abuse between May 1, 1973 and June 28, 1989.

The Court has appointed Morris Martin Moore to represent Class Members as “Class Counsel.” If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

Class Counsel will only be paid if they win a trial or if there is a settlement. The Court has to also approve their request to be paid. The fees and expenses could be deducted from any money obtained for the Class, or paid separately by the defendant.

DISCLAIMER

If there is a conflict between the wording of this website, the claims administration portal - the Claim Form, provisions of the Notice (abbreviated, 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.