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	Antigonish Diocese Priest Sexual Abuse Class Action Settlement John McKiggan's Sexual Abuse Claims Blog August 7, 2009 http://www.apmlawyers.com/lawyer-attorney-1471537.html In 2004 Ronald Martin and other survivors filed lawsuits against the Roman Catholic Diocese of Antigonish, and Bishop Raymond Lahey, seeking compensation for sexual abuse they suffered at the hands of Hugh Vincent MacDonald, a former priest of the Antigonish Diocese. Class Action Lawsuit Filed In January 2009 Ronald Martin filed a class action against the Diocese of Antigonish, and Bishop Raymond Lahey, on behalf of all persons who were sexually abused by priests from the Antigonish Diocese between 1950 and 2009. The claim included survivors who were sexually abused by Father Hugh Vincent MacDonald, Father Clair Richard, Father Claude Richard, Father James Mombourquette, Father Frank MacNeil and Father Michael MacNeil as well as any other priest employed by the Diocese of Antigonish. Class Action Settled After 8 months of difficult negotiations the class action has been settled. The Diocese of Antigonish has agreed to create a private compensation process to evaluate the claims of sexual abuse survivors. The Diocese has agreed to pay for a compensation fund of more than 13 million dollars to pay compensation to persons who suffered sexual abuse by any priest who was employed by the Roman Catholic Diocese of Antigonish between 1950 and 2009. Settlement Subject to Court Approval The class action settlement is still subject to approval by the court. On September 10 and 11, 2009, Justice MacAdam of the Nova Scotia Supreme Court will hear a motion to certify the class action and to review the settlement agreement to determine whether it is fair and reasonable and in the best interest of class members. Private Compensation Process The settlement agreement creates a private, out of court resolution process to evaluate and settle claims by anyone who suffered sexual abuse by a priest employed by the Diocese of Antigonish. Fair and Impartial Process The settlement process was negotiated by Ron Martin and the Antigonish Diocese in order to provide a fair, impartial and respectful process to evaluate the claims of sexual abuse survivors that avoids the necessity of having to file public lawsuits or testify in court. Who Is Covered? Any person who was sexually abused between 1950 and 2009 by a priest employed by the Roman Catholic Diocese of Antigonish. Currently, we have been retained by survivors who allege abuse by several priests from the Antigonish Diocese including:* Father Hugh Vincent MacDonald; * Father Claire Richard; * Father Claude Richard; * Father James Mombourquette; * Father Frank McNeil; and * Father Michael McNeil. However, the class action settlement is not limited to abuse by these priests. It covers sexual abuse by any priest employed by the Antigonish Diocese between 1950 and 2009. “Where Can I Get More Information?” You can get more information about the class action by contacting class counsel, John McKiggan, toll free (in Atlantic Canada) at (877) 423-2050 or at (902) 423-2050. You can also look at the class action website which can be found at www.dioceseclassaction.com. All inquires are confidential. "Who is John McKiggan?" John McKiggan is one of the founding partners of Arnold Pizzo McKiggan, Trial Lawyers. John's practice is dedicated to representing persons who have suffered serious personal injuries as a result of medical malpractice, accidents and institutional negligence. He has a special interest in representing victims in civil claims for childhood sexual abuse.John represented Nora Bernard and filed the first class action against Canada on behalf of Indian Residential School survivors. He represented over 500 former residents of the Shubenacadie Indian Residential School in a claim for compensation for childhood physical, sexual and racial abuse and loss of cultural identity.John was part of the steering committee of the national class action, Baxter vs. Canada - a claim brought on behalf of 70,000 aboriginal children across Canada. The National Indian Residential Schools class action settlement was the largest class action settlement in Canadian history and the largest historical redress settlement in the world. “Do I Have to Go to Court?” No. The class action creates a private, confidential, and respectful compensation process that will allow legitimate sexual abuse survivors to receive compensation without having to file a lawsuit or testify in court. “Do I Have to Talk to the Police?” No. It is not necessary for the sexual abuse to have been reported to the police in order to qualify under the compensation process. It is not necessary for the priest to have been criminally charged or convicted in order to qualify under the settlement process. It does not matter if the priest is currently alive or dead. “Why Should I Join the Class Action?” Typically, sexual abuse survivors who sue for compensation must do so by filing a lawsuit, which is a public document. The survivor may have to testify publicly in court about what happened to them. The class action settlement creates a private process where a survivor’s claim is evaluated and compensation paid, without having to testify in court about the abuse that you suffered. “How Do I Apply for Compensation?” You can receive claim forms by contacting class counsel, John McKiggan or by calling toll free at (877) 423-2050, or locally at (902) 423-2050 or by downloading a claim form from this website. “Do I Need a Lawyer?” The compensation process created under the settlement agreement is less complicated, less expensive, less time consuming and less adversarial than traditional litigation. However, the compensation process still requires the survivor to provide a great deal of detailed information. The claim process will deal with complicated legal issues of liability, credibility, and issues pertaining to calculation of non pecuniary damages and economic damages. If you are awarded compensation, the Diocese will contribute certain amounts to help pay your legal fees and expenses. The judge will review the retainer agreement between you and your lawyer to ensure that it is fair and reasonable. This type of compensation process can be overwhelming for survivors and we would encourage anyone who is considering submitting a claim under the compensation process to retain legal counsel. We have been representing sexual abuse survivors in civil claims for compensation for more than 15 years. We have been representing Ron Martin and the other survivors of the Antigonish Diocese for more than 5 years. If you have any questions about the class action settlement we would be happy to assist you. “How Does the Compensation Process Work?” There are a number of steps in the compensation process: * Submit a Claim Form: The class member or their lawyer completes a claim form and sends it to the lawyers for the Diocese of Antigonish. Claim forms are available on this website. The claim form is complicated and requires a great deal of detailed information. If the claim form is not properly filled out it will have a negative effect on your claim. We encourage everyone who is considering submitting a claim for compensation to retain legal counsel. While you are not required to do so we believe it is in your best interest to have proper legal advice when you submit your compensation claim. We have already been retained by more than 30 former survivors. If you would like to retain our services to assist you with your class action compensation claim please contact our office toll free in Atlantic Canada at (877) 423-2050 or locally at (902) 423-2050.* Investigation and Research: Lawyers for the Diocese will investigate your claim. Class members may have to collect and submit certain documents to support their claim. These documents could include records of medical or psychological treatment or counseling, workers compensation records, income tax information, employment records and education records. The information will be used to evaluate and document your compensation claim.* Possible Psychological Evaluation: The class member may be asked to undergo an evaluation by a psychologist to evaluate the effects that the sexual abuse had on their life. The parties to the agreement have agreed to retain a number of nationally recognized experts in the effects of childhood sexual abuse to conduct the evaluations. * Economic Expert Report: If you claim that the sexual abuse had an effect on your ability to earn income of hold a job, your lawyer or the Diocese’s lawyers may retain an economic expert to calculate the economic effects of your sexual abuse. The report will be used to prove whether or not you suffered any economic or income loss as a result of the sexual abuse and to calculate the amount of your income loss claim. * Negotiation and Settlement: Lawyers for the Diocese may agree to negotiate a settlement with the class member without a hearing. In such cases the class member can choose to accept the negotiated settlement or have a hearing. If the parties are not able to agree to a negotiated settlement then there will be a hearing to determine the value of the class member’s claim. * Private Hearing: A hearing will be held before a retired judge of the Supreme Court of Nova Scotia. The hearing is private and confidential and not open to the public. During the hearing the class member will have the opportunity to tell their story and describe what happened to them and how it affected their life. Witnesses, and experts may also give information to the judge and answer questions. Class members will not have to come face to face with the person who abused them! * Decision: The judge then makes a decision on the amount of compensation that the class member is entitled to receive.
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