2017 01G 2568 CP
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR - GENERAL DIVISION

BETWEEN:

Jane Doe (#7), John Doe (#9) (Discontinued)
John Doe (#10) and John Doe (#11)

Plaintiffs

and:

His Majesty in Right of Newfoundland and Labrador

Defendant

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

This website was updated July 17, 2024

Trilogy Class Action Services has received authorization from the Court to proceed with the Pro Rata Distribution payments to Eligible Abuse Claimants.

Timeline for Distributions

Pro Rata Distribution Payments are expected to be couriered by Purolator or Canada Post, by the same delivery method as your Letter of Eligibility, starting Friday July 26, 2024.

Summary of Pro Rata Distribution Payments and Point Value Calculations

Point Values were previously estimated to be $850 per point. The final calculation of the value per point is $930.81. The Pro Rata Distribution Payment is based on the points awarded by the Abuse Claims Reviewer (“ACR”). The total amount of points allocated to approved Abuse Claims is 10,341. The amount of Net Settlement Funds available for distribution to the 144 Eligible Abuse Claimants is $9,625,506.21.

Point Value Calculation

Where the Claims Administrator determines that a Track 1 Abuse Claimant is a Class Member, it shall allot 10 points to the Abuse Claim. The ACR will determine the point allotment for each Track 2A and 2B Abuse Claimant in accordance with section 7.3.2. Each point will be valued at $5,000, subject to the pro rata reduction described in section 7.4.2. An Abuse Claim that is allotted the maximum of 100 points will be valued at $500,000, subject to the pro rata reduction described in section 7.4.2. No Abuse Claim shall be valued at more than $500,000, all inclusive.

Pro Rata Point Reduction

The value of each point shall be reduced pro rata in the event that the Net Settlement Funds are insufficient to pay $5,000 per point. In that case, the value of each point will be determined by dividing the Net Settlement Funds by the number of points that have been allotted to the Class. For example, if the Net Settlement Funds are $8 million and the Class has been allotted 4,000 points in the aggregate, each point would be valued at $2,000 rather than $5,000.

Allocation of Points Assigned to Claims

Track 1 and Track 1 A (Estates) Claim Forms were assigned 10 points and did not require an interview.

Track 2 Claim Forms were forwarded to the ACR to complete the adjudication process. If the ACR decided an interview was required, the ACR contacted the Abuse Claimant directly.

The ACR assigned a set number of points to the Claim once the ACR has completed the interview and adjudication process.

Guidelines for Allocation/Monetary Distribution for Abuse Claims

Initial Evaluation

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.

Evaluation Factors

Each Track 2A and 2B Abuse Claim will be evaluated by the ACR. Each Claim will be scored according to the following system.

Nature of the Sexual Abuse:   MAXIMUM 50 POINTS

The ACR shall consider each of the factors below in assessing the severity of the Sexual Abuse and assign a point total as appropriate.
  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/threats;
  5. Control of environment (e.g., solitary confinement, Isolated on a field trip, etc.);
  6. Number of Delegates that abused the Claimant;
  7. Reported sexual abuse to an authority figure; and/or
  8. Presence and extent of grooming.

Impact of Abuse:   MAXIMUM 40 POINTS

The ACR shall consider whether the Abuse Claimant experienced any of the following impacts because of the Sexual Abuse.
  1. Behaviour problems;
  2. Academic problems;
  3. Loss of faith;
  4. Damage to family relationships/interpersonal difficulties;
  5. Mental health symptoms, including:
    1. Depression;
    2. Suicide attempt and suicidal ideation;
    3. Anxiety;
    4. Substance abuse;
    5. Sexual acting out;
    6. Runaway;
    7. Flashbacks; or
    8. Nightmares
  6. Adult and current functioning:
    1. Underemployment/unemployment;
    2. Relationship problems; or
    3. Substance abuse.
In assessing the impacts of the Sexual Abuse, the ACR shall also consider whether the Abuse Claimant was predisposed to more serious impacts on account of risk factors, in which case the impact of the Sexual Abuse may be diminished. Risk factors include, but are not limited to:
  1. Childhood of poverty;
  2. Family breakdown;
  3. Exposure to substance in home;
  4. Absence of parental supervision; and/or
  5. Being the victim of sexual or physical child abuse by someone other than a Delegate or witnessing sexual or physical child abuse of a third person.

Pre-judgment Interest:   MAXIMUM 5 POINTS

If the Abuse Claimant was subjected to Sexual Abuse after December 20, 1983, then they are assigned 5 points.

Other Factors:   MAXIMUM 5 POINTS
  1. Incarceration history after leaving the Institutions, with the absence of incarceration serving to increase the point allocation.
  2. A non-abused sibling with a consistent work history of 20 years or more will increase point allocation.


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.

Please see the contact page of this website for contact information for Class Counsel.

 *
 *
 *