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  Students Attempt to Halt Bishop's College School Deal

By Peggy Curran and Jamie Mccallum
Montreal Gazette
August 18 2010

http://www.montrealgazette.com/news/Students+attempt+halt+Bishop+College+School+deal/3411512/story.html

Settlement doesn't cover 'immense pain and suffering,' alleged abuse victim says

Three former students at Bishop's College School are trying to block an out-of-court settlement in a classaction lawsuit for physical and sexual abuse alleged to have taken place at the school more than 50 years ago.

In a motion filed Monday, a 65-year-old Pierrefonds man asked Quebec Superior Court justice Kevin Downs to halt approval of the $1-million deal reached last spring, saying the money doesn't come close to covering the pain and suffering he has experienced since he left the school in the early 1960s.

The individual, who can't be named, is one of dozens of students who filed a joint suit in 2006 against the private school in Lennoxville for alleged abuse dating back to the late 1950s.

He has filed a motion asking the court to postpone approval of an out-of-court settlement reached in May, saying the proposed $1-million payout is inadequate and "would set an improper present and future precedent for other sexual abuse victims in Quebec and Canada."

Claimants initially sought $15 million for abuse alleged to have taken place from 1958 to 1962 when Rev. Harold Forster was a teacher, choirmaster and chaplain at BCS.

Once legal fees are deducted, Forster's alleged victims would split roughly $860,000. The exact number of former students who would share that sum is not yet clear.

Roughly 40 students lent their support to the classaction suit, but some believe another 12 to 20 former classmates could apply for compensation once the case is settled.

"My personal expenses alone for drugs and psychologists during those years since the abuse to the present day amount to more than $25,000, not taking into account the immense pain and suffering I have experienced in all areas of my life," the man said in a six-page deposition.

He is seeking a 90-day stay of proceedings while the school reassesses how much it is able to pay.

Victims have said they have suffered panic attacks, severe depression, anxiety and substance abuse as adults as the aftermath of abuse.

Bryan McPhadden, the lawyer representing roughly 40 former students, said the motion is one of three objections that will likely be heard when Downs is asked to approve the agreement next week.

The size of the settlement is the main issue, although McPhadden said some clients would probably have liked to see BCS issue a full apology, something that is unlikely to happen as long as there is a risk of further litigation.

McPhadden, who represented victims who won a $5-million settlement from Selwyn House in 2009 over claims of abuse at the Montreal private school, said BCS refused to consider a higher number, saying it could not afford to do so without putting the health of the school in jeopardy.

A hearing for approval of the settlement is set for next Tuesday and Wednesday at the Montreal courthouse.

Founded as a boys' school in 1836, Bishop's College School is now a bilingual coeducational day and boarding school.

Contact: pcurran@thegazette.canwest.com

Contact: jmccallum@thegazette.canwest.com

 
 

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