Statement of Claim

The following is the text of pages 2 to 9 of the Statement of Claim filed 09 January 2001 by Dick Nadeau et al against the Clercs St. Viateur (Viatorians) and the Episcopal Corporation for the Diocese of Alexandria-Cornwall.   

The Diocese somehow managed to weasel out of this.  The claim proceeded against Viatorians alone.  The action was settled out of court in 2004 – a gag order was part of the deal.  As part of the agreement Dick was to ensure that no articles were posted on other websites, including the David Icke site.  Dick complied to the latter by sending a letter to David Icke.

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1. Each Plaintiff claims as against the Defendants, jointly and severally, as follows:

(a) General damages for pain and suffering, mental anguish and loss of enjoyment and amenities of life in the amount of TWO HUNDRED THOUSAND dollars ($200,000);

(b) General damages for economic loss, including loss of future income after the date of trial of this action, diminished future income or loss of future economic opportunity in an amount presently unknown to the Plaintiffs, full particulars of which shall be provided to the Defendants prior to trial;

(c) General damages for past and future physical and mental care in an amount presently unknown to the Plaintiffs, full particulars of which shall be provided to the Defendants prior to trial;

(d) Special damages for loss of income, diminished income or loss of economic opportunity to the date of trial in this action, and for the out-of-pocket expenses in an amount presently unknown to the Plaintiffs, full particulars of which shall be provided to the Defendants prior to trial;

(e) Punitive, aggravated and/or exemplary damages in the amount of TWO HUNDRED THOUSAND dollars ($200,000);

(f) Pre-judgment and post-judgment interest pursuant to the provisions of the Courts of Justice Act, R.S.O. 1990, c. C.43;

(g) Costs of this action on a solicitor-client basis; and

(h) Such further and other relief as this Honourable Court may deem just.

2. The Defendant Les Clercs St. Viateur ("Les Clercs") is a Roman Catholic teaching order. At all material times Les Clercs operated College de Cornwall (the "College") with the assistance, co-operation, permission, and direction of the Defendant The

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Roman Catholic Episcopal Corporation for the Diocese of Alexandria-Cornwall, in Ontario, Canada (the "Diocese").

3. The College was a private Roman Catholic school for boys located in Cornwall, Ontario. It is no longer in operation.

4. At all material times, the Plaintiffs were students at the College.

5. At all material times, the Defendants employed Father Jean Primeau, Father Edouard Berube, Father Fernand Brazeau, Father Henri Legault and Father Hector Cote, as teachers at the College. They are all deceased.

6. At various times between approximately 1952 and 1964 the Plaintiffs, who were minors at the time, were sexually and/or physically assaulted by Fathers Primeau, Berube, Brazeau, Legault and/or Cote. The sexual and physical assaults took place in or near the College.

7. The Plaintiffs in this action are as follows:

(a) Richard Nadeau ("Richard"), born on January 26, 1940; abused by Father Cote;

(b) YYYY ("Y"), born on November 20, 1944; abused by Father Primeau;

(c) XXXX  ("X"), born on February 11, 1942; abused by Fathers Primeau, Berube and Brazeau;

(d) ZZZZ  ("Z") born on April 10, 1949; abused by Father Legault and Father Berube.

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8. Richard attended the College from approximately 1952 to 1956. During that time he developed a close mentor relationship with Father Cote.

9. In approximately 1954, when Richard was 14 years of age, he was sexually assaulted by Father Cote. Father Cote forced Richard to share a bed with him, fondled his genitals, masturbated himself against Richard's body and attempted to sodomize Richard.

10. Once a promising student, after the assault Richard's grades fell and he was eventually expelled from the College.

11. Y attended the College from approximately 1958 to 1959.

12. In approximately 1958, when Y was 14 years of age, he was sexually assaulted by Father Jean Primeau. Father Primeau fondled Claude and attempted to sodomize him.

13. Y was expelled from the College in 1959.

14. X attended the College from approximately 1955 to 1959.

15. From approximately 1955 to 1959, starting when X was 13 years of age, he was sexually assaulted on a regular basis by Father Primeau. The sexual assaults involved Father Primeau fondling X's genitals.

16. In addition to the sexual assaults, Father Primeau, Father Berube and Father Brazeau physically assaulted X on a regular basis. The assaults involved vicious strappings to the point where X would suffer contusions and lacerations.

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17. X’s grades fell continuously and he was ultimately expelled from the College. The Plaintiff Brian Boyce

The Plaintiff ZZZZ

18. Z attended the College from approximately 1963-1964.

19. In approximately 1963, when Zwas 14 years of age, he was sexually assaulted by Father Legault. This sexual assault involved Father Legault attempting to sodomize Z and culminated with Father Legault ejaculating on Z body. Father Legault also kissed Z on his chest and neck and fondled him.

20. Subsequent to the incident of sexual assault involving Father Legault, Z was caught sneaking a girl into the dorm at the college by Father Berube. Father Berube ordered Z to take the girl off the College property and to come to his office. At Father Berube's office Father Berube ordered Z to "stand like a post" for an extended period of time. When Z could no longer stand straight as requested and shifted his weight, Father Berube viciously punched him with a closed fist in his face.

21. The Plaintiffs state that the acts described above constitute assault and battery, both sexual and physical.

22. The Plaintiffs plead that as teachers and spiritual mentors the said priests owed fiduciary duties to the Plaintiffs, and by sexually and physically assaulting the Plaintiffs in the manner described above, they breached those duties.

23. The Plaintiffs plead that the Defendants, as employers and supervisors of the priests, are vicariously responsible for the tortious acts and breaches of fiduciary duties committed by the priests.

24. The Plaintiffs further plead that the Defendants were negligent in that:

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(a) they knew or ought to have known that the priests were homosexual pedophiles;

(b) they knew or ought to have known that the priests were physically abusive;

(c) they ought to have ensured that the priests did not have unsupervised access to young boys;

(d) they ought to have ensured that the priests received appropriate treatment to address their sexual predilections; and

(e) they failed to properly supervise and/or train the priests.

25. The Plaintiffs further plead that the Defendants, as religious institutions responsible for the education, control and spiritual well-being of minors, owed fiduciary duties to the Plaintiffs, and by failing to protect the Plaintiffs they breached those duties.

26. As a result of the aforesaid tortious acts and breaches of fiduciary duties the Plaintiffs have suffered, and will continue to suffer, from the following:

(a) severe mental and emotional distress and humiliation;

(b) loss of healthy adolescent development;

(c) difficulty in developing and maintaining meaningful and healthy relationships;

(d) inability to trust other individuals;

(e) loss of faith in God and the Catholic church;

(f) low self-esteem;

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(g) life-long depression;

(h) repressed anger;

(i) nightmares, flashbacks and night terrors;

(j) difficulty sleeping;

(k) suicidal tendencies;

(I) substance abuse;

(m) isolation; and

(n) physical pain and suffering.

27. Furthermore, all Plaintiffs experienced a sharp decline in their scholastic achievements following the abuse. As a result, all Plaintiffs were unable to pursue their educational and career aspirations to their fullest potential and have thereby suffered, and will continue to suffer, losses of past and future income and loss of economic opportunity.

28. The Plaintiffs plead and rely upon the presumption that as victims of childhood sexual abuse, they only discovered the necessary connection between their injuries and the wrongs done to them by the Defendants in the late 1990's while they were receiving therapy in connection with those injuries and/or discovered the opportunity for redress by learning of police investigations aimed at some of the aforesaid priests.

29. The Plaintiffs have also incurred out-of-pocket expenses as a direct result of the aforesaid tortious acts and breaches of fiduciary duties. Full particulars of these expenses will be produced before trial.

30. The Plaintiffs claim that the aforesaid tortious acts and breaches of fiduciary duty by the Defendants and/or their employees were of such a high-handed, criminal and/or

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31. In serving this Statement of Claim on Les Clercs outside of Ontario, the Plaintiffs plead and rely upon Rules 17.02(g) and (h) of the Ontario Rules of Civil Procedure, as the torts were committed in Ontario and the Plaintiffs have suffered damages in Ontario.

32. The Plaintiffs propose that the trial of this action take place in Ottawa.

January 9, 2001         

HOWARD YEGENDORF & ASSOCIATES Barristers & Solicitors

750 - 55 Metcalfe Street

Ottawa, ON

KIP 6L5

Howard Yegendorf

Tel. (613) 237-5000

Fax (613) 237-4001

Solicitors for the Plaintiffs