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 May 28, 2024

Summary of Claims Administration Process and Timeline for Distributions

Please note that Pro Rata Distribution Payments will not be confirmed until approved by the Court.

The Court has requested further information before approving Pro Rata Distribution Payments to Abuse Claimants. This information will be provided to the Court immediately for review to move the process of Distributions as quickly as possible.

Another Hearing will be scheduled to approve the Pro Rata Distribution Payments. No date has been set yet.

The Pro Rata Distribution Payment is based on the points awarded to date. The estimated value per point is to be approximately $850.00.

Distribution of Trust Funds

Within 60 days of determining the last of the Abuse Claims and any requests for reconsideration, the Claims Administrator shall prepare a report on the distribution of the Net Settlement Funds, which will be provided to the parties and filed with the Court. Upon filing its report with the Court, the Claims Administrator shall pay any remaining portion of the Net Settlement Funds in accordance with the Settlement Agreement.

Allocation of Points assigned to Claims

Track 1 and Track 1 A (Estates) Claim Forms are assigned 10 points, and do not require an interview.

Track 2 Claim Forms are forwarded to the ACR to complete the adjudication process. If the ACR decides an interview is required, the ACR will contact the Abuse Claimant directly.

The ACR will assign a set number of points to the Claim once the ACR has completed the interview and adjudication process. Assigned points will not be discussed over the phone until after Abuse Claimant receives their Claim Determination Notice.

The Claims Administrator will prepare a Claim Determination Notice with regards to the status of their Claim and Abuse Claimants will be notified by mail and/or courier once the verification of Eligibility is complete as follows:

  • Confirmation that the Abuse Claimant is not an Excluded Person;
  • Confirmation that the Abuse Claimant was ordinarily resident in Newfoundland and Labrador as of the date of the Certification Order and did not opt-out of the class proceeding; or the Abuse Claimant was not ordinarily resident in Newfoundland and Labrador as of the date of the Certification Order but opted-in to the class proceeding; and
  • Confirmation that the Abuse Claimant claims to have suffered Sexual Abuse perpetrated by a Delegate or another resident of an Institution while the Abuse Claimant was resident or otherwise attending an Institution during the Class Period.

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.

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. You may call Trilogy Class Action Services (Sarah Lockie) or the Abuse Claims Reviewer (Rhonda Fiander) at 1-877-400-1211 for assistance.


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.

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