Sexual Abuse Claims Blog

After ten years of investigations a government inquiry into sexual abuse in Catholic run schools, orphanages and hospitals has released an exhaustive and damning report.

Abuse Endemic
The inquiry commission uncovered:

...a substantial level of sexual abuse of boys in care that extended over a range from improper touching and fondling to rape with violence.

Corporal punishment in girls’ schools was:

pervasive, severe, arbitrary and unpredictable.

Church Knew About Dangers

The Commission determind that:

The recidivist nature of sexual abuse was known to religious authorities.

Church Concerned About Reputation, Not Risk to Children

Time and time again we have seen how the Catholic Church values it's reputation more that the lives of the children under it's care. The same pattern repeated itself in Ireland:

The risk was seen by the congregations in terms of potential for scandal and bad publicity should the abuse be disclosed. The danger to children was not taken into account.

If you have been a victim of sexual abuse by a priest, or any person in authority, please, please please tell someone. Silence only protects the abusers and the institutions that harbour them.

I have represented hundreds of victims of childhood sexual abuse in claims for compensation. As a public service I have prepared a resource guide for survivors of sexual abuse in Atlantic Canada. The guide contains a list of support groups throughout the Maritimes for survivors of sexual abuse.

You can receive a free copy of The Survivor's Guide to Abuse Compensation Claims by contacting me through this blog, or my website at www.apmlawyers.com or by calling toll free in Atlantic Canada 1-877-423-2050.

The Roman Catholic Diocese of London, Ontario has agreed to pay Lou-Anne Soontiens $1,745,000.00, plus legal costs to compensate her for years of sexual abuse she suffered as a child at the hands of Father Charles Sylvestre. The total value of the settlement is thought to be more than 2.2 million dollars.

Sylvestre, one of Canada’s most notorious pedophiles was convicted of sexually assaulting Sootiens.

CBC's Fifth Estate aired a documentary about Sylvestre called "The Good Father". As you will see from watching the documentary it is apparent that persons of authority within the Catholic Church knew about Sylvestre’s sexual abuse but did nothing to protect his victims.

I have posted about Sylvestre's predatory abuse in the past. See also, Sex Abuse help Fund Doubled.

The effects of childhood sexual abuse can be devasting. Although the scars my not be visible, the damage caused to the victims can be totally disabling. Because of the psychological effects of their abuse, many victims are not able to bring forward their claims on their own behalf.

My client Ron Martin has filed a class action against the Roman Catholic Diocese of Antigonish on behalf of persons that suffered sexual abuse by priests that who were members of the Roman Catholic Diocese of Antigonish.

If you or a family member were a victim of sexual abuse by a priest from the Roman Catholic Diocese of Antigonish you can contact me, or take a look at my website for more information about the class action.

Continue reading " Victim of Priest Sexual Abuse Receives 1.75 Million Dollar Settlement " »

In two related decisions released last month, Justice Walter Goodfellow has ruled that the plaintiffs' claims for compensation for assault and negligence as a result of childhood sexual abuse were statute barred. However, Goodfellow J. allowed the plaintiffs' claims for compensation for breach of fiduciary duty to continue.

Robert Lawrence Borden and Leonard Anthony Smith were both former residents of the Nova Scotia Home for Colored Children.

Borden and Smith have filed a proposed class action on behalf of all former residents of the school seeking compensation for assault and negligence as a result of sexual abuse they allege happened while they were residents were living in the Home for Colored Children.

With respect to Borden’s claim, Justice Goodfellow determined that the "undisputed" facts were that Borden knew what had happened to him was wrong and had provided full disclosure to friends (and strangers) about what had happened to him at the home many years before he filed his lawsuit.

Similarly, Justice Goodfellow determined that the undisputed facts were that Smith was also aware that what had happened to him in the home was wrong and that there was a causal connection with his experiences in the home and the harm that he had suffered. He had clear memories of the abuse which he disclosed to his wife and to an author who was writing a book about the Home. He also disclosed his experiences to a potential employer when applying for jobs as a youth counselor.

Justice Goodfellow determined that the claims for assault and negligence were statute barred under Nova Scotia's Limitation of Actions Act.

However, Justice Goodfellow confirmed that, in accordance with the Nova Scotia Court of Appeal’s decision in Milbury v. Nova Scotia (Attorney General) (another claim arising from the Home for Colored Children) there is no limitation period (at least in Nova Scotia) for a claim for breach of fiduciary duty.

Therefore, all of the claimants’ claims based on assault and negligence were struck as being statute barred. However, the claimants’ claims based on breach of fiduciary duty were allowed to proceed.

Childhood sexual abuse can cause lasting and disabling psychological injuries. However, these decisions point out the difficulty that survivors of childhood abuse may have when seeking access to justice through the courts. The decisions confirm that survivors of childhood sexual abuse should consult with legal counsel as soon as possible when they become aware of the connection between their childhood abuse and the disabling effects of the abuse later in life.