Newfoundland secure custody institution, training school sexual abuse $12.5M class action settlement

Update:

• The claim deadline has been extended to Feb. 9, 2024.

The province of Newfoundland and Labrador agreed to a $12.5 million class action settlement resolving claims of sexual abuse at secure custody institutions and training schools.

The class is made up of individuals who were subjected to sexual abuse while residing at or attending a youth secure custody Institution or training school in Newfoundland and Labrador at any point from May 1, 1973, to June 28, 1989. 

The Institutions covered by this class action settlement are

• Whitbourne Training School, also known at different times as the Whitbourne Youth Center, the Boys’ Home, the Boys’ Home and Training School and the Whitbourne School for Boys, in Whitbourne
• Pleasantville Training School, at different times also known as the Girl’s Home, the Girls’ Home and Training School and the Pleasantville School for Girls, in Torbay and St. John’s
• St. John’s Youth Centre

The class does not include individuals who died before March 10, 2022, those who have already sued and received compensation, those who opted out of the class action and those who do not normally reside in Newfoundland and Labrador and did not opt into the class action.

Plaintiffs in the class action argued the province was responsible for the sexual abuse that allegedly occurred at the hands of staff, volunteers and other residents at the schools and institutions.

While Newfoundland and Labrador has not admitted any wrongdoing, it has agreed to the $12.5 million settlement.

To receive a payment, individuals must attest, under penalty of perjury, that they were subjected to sexual misconduct during the class period. 

To be eligible for more money, class members need to submit a written description of the sexual abuse and its effect on them. 

If the severity of the abuse is great, individuals may be interviewed about their experiences.

There are two claim forms for this settlement: a Track 1 claim form and a Track 2 form.

Track 1 claims require the class member to attest they were subjected to sexual abuse at an institution during the class period.

Each of these claims will be allotted 10 points, with a value of $50,000; this amount may be adjusted in the event the settlement fund is insufficient to pay $5,000 per point.

If the administrator determines the claimant is not a class member, they will receive no points or money.

The Track 2 claim form, according to court documents, is a statutory declaration that describes the sexual abuse a claimant suffered during the class period while living at an institution.

Track 2 claims, which will also be assigned a point value that determines the amount of money to be paid, can be assigned 100 points, for a maximum possible value of $500,000.

More details on the Track 1 and 2 claims calculations are available in the claim form package letter.

Class member awards will be capped at $500,000. According to the settlement websites, payments will be made to class members one year after the settlement approval order becomes final.

The deadline to object to the settlement has passed.

The final fairness hearing took place June 15 and 16, 2023.

The claim form deadline is Feb. 9, 2024.

Who’s Eligible

The class is made up of individuals who were subjected to sexual abuse while residing at or attending a youth secure custody institution or training school in Newfoundland and Labrador at any point from May 1, 1973, to June 28, 1989. 

The Institutions covered by this class action settlement are

• Whitbourne Training School, also known at different times as the Whitbourne Youth Center, the Boys’ Home, the Boys’ Home and Training School and the Whitbourne School for Boys, in Whitbourne.
• Pleasantville Training School, at different times also known as the Girl’s Home, the Girls’ Home and Training School, and the Pleasantville School for Girls, in Torbay and St. John’s
• St. John’s Youth Centre

Potential Award

$500,000

Proof of Purchase

No proof of purchase is applicable; however, individuals must attest, under penalty of perjury, that they were subjected to sexual misconduct during the class period. 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/09/2024

Case Name

Jane Doe, et al. v. Her Majesty in Right of Newfoundland and Labrador, General Division File No. 2017 01G 2568 CP.

Final Hearing

06/15/2022 and 06/16/2022

Settlement Website

NfldSexAbuseClassAction.ca

Claims Administrator

Newfoundland and Labrador Sex Abuse Class Action Class Administrators
117 Queen Street, P.O. Box 1000
Niagara-on-the-Lake, Ontario L0S 1J0
inquiry@trilogyclassactions.ca
Fax: 416-342-1761
877-400-1211

Class Counsel

MORRIS MARTIN MOORE

Defense Counsel

Michael Rosenberg
MCCARTHY TÉTRAULT