Antigonish Diocese Sexual Abuse Class Action Settlement  Frequently Asked Questions

http://www.dioceseclassaction.com/claim.php?locale=en_CA&page=faq#terms 

(The following is the text of the Q&As posted on the Diocese of Antignish website re the sex abuse class action settlement.  Antigonish Bishop Raymond Lahey won high praise for the role he played in brokering the settlement.  Months later Lahey was arrested and charged with possession child pornography. )

 Antigonish Diocese Sexual Abuse Class Action Settlement  Frequently Asked Questions 

Select a topic below:  

1.What is a class action?

2.What is this class action lawsuit about?

3.What are the terms of the settlement?

4.What benefits can be paid?

5.Will anybody else know about what happened to me?

6.Who is covered by the class action settlement?

7.Where can I get more information?

8.Do I have to go to court?

9.Do I have to talk to the police?

10.Why should I join the class action?

11.Do I need a lawyer?

12.How does the compensation process work?

13.What is the class action settlement process?

14.What is an Opt Out form?

15.What are the implications of Opting Out?

16.How long do I have to file a claim?

17.Who can make a claim for compensation?

18.What is the role of the judge in the claims process?

19.How will the judge determine if my claim is valid?

20.How will financial compensation be decided?

21.How do I make a claim in the class action settlement process?

22.What Is The Settlement Agreement?

23.Key dates?

24.What happens if I do nothing at all?   

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What is a class action?

A class action is lawsuit where a group of people collectively bring a claim to court. The class action is advanced because this group of people have common characteristics or attributes, a common legal position and their claims can be efficiently adjudicated in a single lawsuit. Members of such groups often have better access to justice by joining a successful class action as they are not required to incur any legal fees or costs. They can also avoid starting their own individual lawsuit, a daunting option for some.  

Class actions involve damages and losses suffered by the larger group, resulting from events associated with defective products, tainted food, dangerous pharmaceuticals, financial misdeeds and medical device failures, to name a few.  

The representative plaintiff (in this case Ronald Martin) represents the interests of the larger group. Lawyers act for both the group, called the Class and also for the Defendant(s).  

The Court oversees the conduct of the lawsuit in that it will decide if the class action shall proceed or not (this is called Certification) as well as review and approve any settlement that the lawyers may reach. Legal fees payable to the lawyers are also subject to Court oversight.  

Provincial laws in Canada allow class actions.  

What is this class action lawsuit about?

One year ago Ronald Martin filed a proposed class action in the Supreme Court of Nova Scotia against the Roman Catholic Diocese of Antigonish seeking compensation for himself and all persons who were sexually abused by priests of the Diocese of Antigonish.  

What are the terms of the settlement?

The proposed settlement creates a fund of up to $12 million ("Settlement Fund") from which eligible Class Members will receive compensation, a fund of $1 million ("Expense Fund") to pay the expenses of the settlement, and a fund to pay certain claimant's costs ("Costs Fund").  

What benefits can be paid?

The claim can include amounts for pain and suffering, and lost wages up to certain limits. The Diocese will pay successful claimants certain amounts for costs of (1) necessary counseling, and (2) pursuing a successful claim. The amount each claimant will receive depends upon the details of their claim, and the number of claims made.  

Will anybody else know about what happened to me?

The Settlement Agreement provides a confidential resolution process to evaluate claims by anyone who suffered sexual abuse by a priest of the Diocese of Antigonish.   The process is designed to be as confidential as circumstances will permit. Your name will not appear in public records. You will not have to testify in a public trial or hearing.   Depending on the circumstances of your claim, lawyers for the Diocese may undertake due diligence investigations to verify your Claim. The Diocese has agreed to be discreet with such inquiries.  

Who Is covered by the class action Settlement?

Any person who was sexually abused between 1950 and 2009 by a priest employed by the Roman Catholic Diocese of Antigonish.  

Where can I get more information?

You can get information about the class action within this website or by contacting class counsel, John McKiggan. All inquiries to Class Counsel are confidential.  

Do I have to go to court?

No. The Settlement Agreement provides a way for a legitimate Claimant to be compensated without having to file a private lawsuit or testify in a public court.  

If the parties cannot reach agreement on either the legitimacy or the value of a Claim, there is a mechanism to appear before a retired judge of the Supreme Court of Nova Scotia for a private and confidential hearing.  

Do I have to talk to the police?

No. The settlement process is independent of the criminal authorities and you may choose to report or not report to the police, as you wish.  

Why should I join the class action?

Typically, sexual abuse claimants who sue for compensation must do so by filing a public lawsuit. The process generally requires a Claimant to testify in a public court of law about what happened. In contrast, this Class Action Settlement creates a private process that attempts to minimize re-victimization of a legitimate claimant. Certain legal obstacles and defences have been removed under the class action process. These advantages will not be available to those who wish to sue the Diocese outside of the class action process.  

Do I need a lawyer?

No, you are not required to hire a lawyer. You are however encouraged to do so.  

The compensation process is less complicated and less adverarial than traditional litigation. However, it is still a legal process, with the obligation on every Claimant to prove the sexual abuse and the damages that were suffered as a result. Due process requires the Claimant to provide detailed information, including extensive documentary records.  

The evaluation process may involve legal issues of liability, credibility, and calculation of non-pecuniary damages.  

If you hire a lawyer and are successful in your claim, the Diocese will contribute certain amounts towards your legal fees and expenses. Class Counsel John McKiggan is willing to discuss with you an arrangement whereby your legal fees will only be paid on a contingency fee basis, so that his fees are only paid from settlement proceeds you receive. A judge will oversee your fee arrangement to ensure that it is fair and reasonable.  

How does the compensation process work?

Either you or your lawyer must file a Claim Form with the lawyers for the Diocese.  

There is a specified time period to be determined by the Court. If you do not file your Claim properly within the specified time period, you may be prevented from filing any lawsuit in the future.  

The Claim Form is a lengthy document and requires a considerable amount of detailed information. You will be required to file certain personal records in support of your Claim.  

A Claim Form that is not properly completed may have a negative effect on your claim.   The following summarizes some of the steps:  

•Investigation and Research: 

Lawyers for the Diocese will be required to exercise due diligence to investigate your Claim to determine whether it appears valid to the Diocese.  

Claimants may be required to authorize disclosure of relevant personal records such as diaries, medical records, school records, family physican files, psychological/psychiatric therapy notes and/or records, tax returns, employment records, etc. Claimants may be interviewed by legal counsel for the Diocese for up to two hours. All of this information will be used as part of the due diligence to evaluate your Claim. Full and co-operative disclosure of such records is an essential prerequisite to participation. Class Counsel John McKiggan is available to assist his clients in this process of accumulating records.  

•Possible Psychological Evaluation: 

A Claimant may be asked to be examined by a nationally renowned psychologist who has experience in dealing with victims of sexual abuse. This expert will evaluate the effects which you believe the sexual abuse has had on your life.  

•Economic Expert Report: 

If you allege that your sexual abuse had a significant, detrimental effect on your ability to earn income or hold a job, an actuary or economic expert may be asked to prepare a report to document any such economic loss.  

•Negotiation and Settlement: 

If the lawyers for the Diocese conclude after due diligence inquiries that your claim appears valid, the Diocese may offer you a settlement without the necessity of a contested hearing.  

If you are not satisfied with the settlement offer, you will be entitled to have a private hearing before a retired judge, where both sides will try to convince the judge what is appropriate under the circumstances.  

•Private Hearing: 

If the Diocese is not convinced that your claim is valid, or if the Diocese does not agree with the amount you are claiming, the matter will be referred to a retired judge of the Supreme Court of Nova Scotia for a hearing and decision. You will be required to tell your story at the hearing. You will have the opportunity to describe what happened to you and how it has adversely affected your life. Both parties may be entitled to call witnesses, under the direction of the judge. The process will be more informal than public courts, but it will still require due process that is fair to both parties.  

•Decision: 

The judge then makes a decision on the amount of compensation that the class member is entitled to receive.  

What is the class action settlement process?

The class action settlement process is a court monitored way to evaluate and quantify claims of sexual abuse by priests who were members of the Roman Catholic Diocese of Antigonish.   This particular settlement process creates a less adversarial and more accessible way to evaluate claims than conventional lawsuits. It is designed to encourage all Claimants to come forward and file claims in a timely manner.   Any Claimant who fails to file a claim within the specified time period will lose the right to sue the Diocese in the future, unless an Opt Out Form is filed.  

What is an Opt Out form?

Under this class action, any Claimant who does not file a Claim will lose the right to sue the Diocese in the future. There is one exception, called an Opt Out. If a Claimant wishes to preserve legal rights to sue in the future, an Opt Out Form must be duly filed and acknowledged.  

This Opt Out Form gives formal notice to the Diocese of your unresolved claim. The obligation will then be on you to sue the Diocese on your own, outside the expedited class action process.  

What are the implications of Opting Out?

Opting out is your way of saying you do not want to be part of the class action process, but are reserving your right to sue privately.  

There may be significant procedural and substantive difficulties to proceeding with a private lawsuit. The Diocese has waived certain time limitation issues and other defences under the class action. It has agreed to simplify and expedite the processing of such claims, but only if a claimant uses the agreed class action process.  

The Diocese will exercise all of its available legal rights and defences against any Claimant who elects to Opt Out and proceed privately, rather than under the class action process. Funds made available for the class action process will not be made available by the Diocese for payout of any private lawsuits.  

If the Diocese concludes there are too many Opt Outs, it has the right to cancel the Settlement Agreement and revert to all of its legal rights and defences in relation to all proposed class members.  

You may wish to seek independent legal advice if you are considering opting out.  

How long do I have to file a claim?

Applications for compensation will be accepted during the claim period, which is 180 days from the date that the class action settlement is approved and conditionally certified by the Court.  

The class action settlement is the only way that a sexual abuse Claimant can pursue a claim for compensation, unless he/she has opted out of the class action Settlement Agreement.  

Who can make a claim for compensation?

The class action settlement was created to compensate any person who was sexually abused by a priest of the Roman Catholic Diocese of Antigonish between 1950 and 2009.  

What is the role of the judge in the claims process?

Both the Class Representative, Ronald Martin and the Defendant Diocese of Antigonish have mutually agreed to hire a senior and respected retired judge of the Supreme Court of Nova Scotia to adjudicate those claims which the parties themselves are unable to resolve.  

The Judge will ensure respectful due process for adjudicating a disputed claim, where a Claimant and his/her witnesses can safely describe the claim, without the adversarial climate common in conventional litigation. Both parties have agreed to work with the judge to ensure there is respectful due process that permits a Claimant to describe what may be emotionally challenging and painful memories. The judge will be responsible to ensure that the checks and balances of due process are followed so that only legitimate claimants receive compensation.  

The judge will assess the evidence of both parties in an objective and impartial way. If the Diocese does not agree that a Claim has been proven to its satisfaction, it will be entitled to challenge the Claimant in a respectful manner. If the Diocese agrees that a claim of abuse has been proven, but cannot reach agreement with the Claimant on its value, then both parties will try to convince the judge as to the appropriate amount of compensation. When the hearing process is complete, the judge will make his Decision, which remains private to the parties.  

How will the judge determine if my claim is valid?

Each Claim Form must be accompanied by certain historical information that will be required to process a Claim. This information provides important background context and may assist the Claimant in describing both the sexual abuse and its impact on the Claimant. This information may be used by the judge or by the Defendant to test the reliability and credibility of a Claim.  

A Claimant who proceeds to a hearing will be expected to tell his/her story to the judge and may be asked questions by the judge. Both parties will be entitled to call witnesses to either support or refute the claim of sexual abuse and the claim for compensation.  

How will financial compensation be decided?

The judge will apply the law of Nova Scotia to determine any amount of financial compensation. In addition to compensation for pain and suffering, the judge will determine whether a Claimant is entitled to compensation for economic loss. Economic losses are capped at a maximum of $300,000. If the total awards exceed the agreed total fund of $12 million, there may be pro-rating of awards. In addition, a successful Claimant may receive a contribution towards the legal costs of hiring Class Counsel, John McKiggan or another lawyer.  

How do I make a claim in the class action settlement process?

You are encouraged to contact Class Counsel John McKiggan, who will discuss with you how you may file a Claim.  

You are also entitled to file a Claim on your own behalf without a lawyer, or retain another lawyer of your choice to file your Claim for you.  

The more carefully your Claim Form is prepared, the better will be your prospect of a fair and reasonable response from the Defendant or the judge.  

What Is The Settlement Agreement?

The Settlement Agreement is the legally binding document signed by the parties and approved by the Court. It sets out the legal consequences of this class action lawsuit. It describes how the claims process is to work.  

Key dates

1.Notice of Proposed Certification and Settlement first published on August 10, 2009.

2.Register your objection to the Settlement deadline: August 28, 2009.

3.Settlement Approval hearing: September 10, 2009.

4.Notice of Settlement Approval first published September 2009.

5.Claim Registration Start Date: September 11, 2009.

6.Opt-Outs must be received no later than 5:00 p.m. Atlantic Standard Time on Friday December 4, 2009.

7.Claims must be received no later than 5:00 p.m. Atlantic Standard Time on Wednesday March 10, 2010.

What happens if I do nothing?

It is entirely your decision to do nothing. This is an acceptable option for some people. However, if you do nothing, you will receive no money from this Settlement and you will not be entitled to start, continue, or be part of any other lawsuit against the Diocese of Antigonish about the Settled Claims in this case, ever again.   

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Claim Form  

All claims must be registered before 5:00 p.m. Atlantic Standard Time on March 10, 2010!  

You may file a claim by mail, fax or by email (pdf) to the lawyers for the Diocese. You can print the Claim Form and must submit your claim in writing.  

 It is your responsibility to ensure that your claim or the claim of any person that you represent is successfully registered with the lawyers for the Diocese before 5:00 p.m. Atlantic Standard Time on March 10, 2010.  

If you fail to make a claim before the expiry of the deadline, payment cannot be made to you or any person that you represent.  

If you wish to exclude yourself from this class action settlement, you must complete the Opt-Out Form and submit it to the lawyers for the Diocese before 5:00 p.m. Atlantic Standard Time on December 4, 2009.  

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