Sexual Abuse Claims Blog

Justice David MacAdam has released his written reasons certifying Ron Martin's class action against the Roman Catholic Diocese of Antigonish and approving the settlement agreement to compensate victims of priest sexual abuse.

His Lordship Justice MacAdam reviewed in detail the requirements for certification and settlement approval. At paragraph 63 of his decision Justice MacAdam concluded:

I am satisfied on the basis of the submissions and evidence that the action meets the criteria for certification pursuant to ss. 6 and 7 of the Class Proceedings Act.

I am satisfied that the Settlement Agreement constitutes a fair and reasonable settlement that is in the best interests of the Class as a whole and that it provides significant benefits to class members and meets the “range of reasonableness” test. As such, the action is conditionally certified as a class proceeding and the Settlement Agreement is approved.

Anyone trying to decide whether to participate in the class action should read Justice MacAdam's decision. It is not just Ron Martin and I that thinks the Antigonish class action settlement is fair and reasonable.

This class action has always been about doing what is right for survivors of sexual abuse. Now that Justice MacAdam has approved the class action settlement, survivors have a choice.

One of the greatest honors I have ever had was representing Nora Bernard, and the survivors of the Shubenacadie Indian Residential School, in the negotiations that lead to the creation of the Indian Residential School National Class Action Settlement.

Former Supreme Court Justice Frank Iacobucci was the lead negotiator for Canada.

Slaw.ca has reported on a keynote speech given by Justice Iacobucci at the Federation of Asian Canadian Lawyers Fall Conference.

The article goes into great depth about what motivated Iacobucci during the negotiations. I have included a link to the article so that you can read it in its entirety.