HOW DO I OBJECT TO THE PROPOSED SETTLEMENT?

The Representative Plaintiffs and the Province have agreed to settle this class action.

If the Court approves the settlement on June 15th and 16th, 2022, 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.

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.

The Court must approve the proposed Settlement before there is any money or any other benefit available.

If you are eligible for compensation, your legal rights will be affected even if you do nothing.

You have three options:

  1. 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.
  2. Object in writing and 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 hearing will take place on June 15 and 16, 2022 at the Supreme Court of Newfoundland and Labrador in St. John’s.

    This is the hearing date and you will be required to provide any evidence, and make your arguments and submissions on those days.
  3. 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.

How do I tell the Court that I do not like the proposed Settlement or the amounts paid to Class Counsel?

If you do not like some part of the proposed Settlement, or you do not like Class Counsel’s fees and disbursements, or you do not like the honoraria for the Representative Plaintiffs, you may object. The Court will consider your views. To object, your must send the following information to the Claims Administrator at the address below:

  • your name, address, phone number, and email address;
  • a statement saying you object to the proposed settlement;
  • the reasons you object to the proposed settlement; and
  • your signature.
  • The Claims Administrator must receive notice of your objection by June 8, 2022 to:

    Newfoundland and Labrador Sex Abuse Class Action Class Administrators
    117 Queen Street, P.O. Box 1000,
    Niagara-on-the-Lake, Ontario L0S 1J0
    Tel (toll-free): 1-877-400-1211
    Fax: 416-342-1761
    www.NFLDsexabuseclassaction.ca

    When and where will the Court decide whether to approve the proposed settlement?

    The court will hold a hearing on June 15 and 16, 2022. You may attend in person at the Supreme Court of Newfoundland and Labrador in St. John’s.

    Do I have to attend court to object?

    No. If you send an objection to the Claims Administrator you do not have to talk about it in court. The Court will consider objections received in time even if you do not attend the hearing. You or your lawyer may attend in person at the hearing of the settlement approval application.

    May I speak at the hearing?

    You may ask the Court for permission to speak at the hearing of the settlement approval application. To do so, you must give the Claims Administrator notice of your objection and indicate you wish to speak to the Court. The application to approve the settlement agreement will be heard on June 15 and 16, 2022.

    What if I do nothing?

    Individuals who are eligible to participate in the proposed settlement who do nothing will be bound by the settlement if the Court approves it. Those individuals will be eligible for compensation but they will give up their right to object to the settlement.

    The Long-Form Notice in the Notice section of this website explains your rights and options and how to exercise them. Additional information is available in the Settlement Agreement and Amending Agreement and other related Court documents located in the Documents sections of this website. You may also contact Trilogy Class Action Services (Claims Administrator) or Class Counsel (the lawyers representing Class Members) for further information. Please see the Contact section of this website.