N.L. judge rules that 59 abuse victims who had their claims rejected should be compensated
Catholic archdiocese in St. John's was liable for the abuse, says Justice Garrett Handrigan
In July, the court approved a $105-million settlement for the victims, with an average payment of nearly $360,000 per claimant.
Dozens of claims, however, were rejected by the claims officer.
But the 59 people who appealed their "notice of disallowance" have had their rejections overturned, and Handrigan has ordered that the claims officer "determine the compensation, if any, that is due to those claimants."
'We're happy with it.'
"We're happy with it," Geoff Budden, a St. John's lawyer whose firm represents roughly half of the successful appellants, told CBC News on Friday.
For three years, the once-powerful archdiocese has been selling off properties — churches, parish halls and vacant land — on the Avalon and Burin peninsulas in order to raise money to compensate abuse survivors, and has realized roughly $44 million from that process, Handrigan wrote in his decision.
Lawyers for the victims are hopeful that a possible settlement with insurance companies and other third parties, including the provincial government, will contribute millions more to the settlement fund.
"That's always been our goal," Budden replied when asked if he believes the survivors will receive all the money they are entitled to.
Following a years' long court battle, the archdiocese was found to be either directly or vicariously responsible for the abuse against young boys by Christian Brothers that occurred at the notorious Mount Cashel orphanage, and at the hands of clergy and members of lay religious orders for which the RCECSJ was responsible.
In October, Handrigan approved an interim payment of $22 million for nearly 300 survivors, and almost all of that money — roughly 21 per cent of their total award — has been distributed. But he withheld millions of dollars in order to fund the ongoing insolvency process and as a contingency while the appeal process was ongoing.The largest category of rejected claims involved 41 victims who had previously received settlements involving the provincial government and the Christian Brothers of Ireland in Canada in 1996 and 2004, respectively.
The claims officer ruled that the RCECSJ was not liable for compensating these 41 victims because they signed a document which released the corporation from further liability.
But, Handrigan said, the claims officer "erred" because the claimants released the Government of Newfoundland and Labrador and the Royal Newfoundland Constabulary, and not the RCECSJ.
"I find that the RCECSJ is liable at law for the abuse they suffered," Handrigan wrote.
As is customary in such personal injury cases, however, the amount of money received in any previous settlement will be deducted from any new awards.
"If you received $100,000 in 2004 and this time the claims officer ultimately awards you $500,000, you don't get the full 500,000," Budden explained.
"That's not a result that we have a problem with."
B.C. claimants should be compensated, judge rules
Handrigan also overturned a decision that rejected the so-called "B.C. claimants."
These 12 claimants attended two Vancouver area Catholic schools between 1976 and 2013, and allege they were abused by six Christian Brothers who were transferred to British Columbia after church officials in St. John's learned they had been abusing boys at Mount Cashel.
The claims officer rejected the B.C. claimants, writing that there was "no factual or legal case to find RCECSJ is vicariously or otherwise liable for the alleged abuse."
But Handrigan disagreed, saying church officials in St. John's knew "indisputably" that the Christian Brothers transferred to B.C. had abused boys at Mount Cashel, and should have known they would continue their abuse in B.C.
As such, he ruled that the RCECSJ is "directly liable" for the abuse endured by the B.C. claimants.
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