Court accepts settlement in sexual abuse case

Bishop's College School in Lennoxville, the object of a lawsuit for alleged sexual and physical abuse by a deceased staff member.

An out of court settlement between Bishop's College School and about 40 former students who were alleged victims of physical and sexual abuse has been accepted by the courts.

Quebec Superior Court Justice Kevin Downs sent notice Thursday of his approval of a $1.15 million settlement over abuse that allegedly occurred at the Lennoxville boarding school between 1953 and 1962.

"It brings about closure," said Bryan McPhadden, one of the lawyers representing the alleged victims. "The representative plaintiff is frankly exhilarated by the settlement. It represents closure to him, closure to the other class members and frankly closure to the school and the school community."

Some of the former students were attempting to block the settlement, which was first agreed upon last spring and was boosted by $150,000 in late August. They felt the dollar amount was too low and gave testimony last month stating their disagreement with the settlement.

"This decision takes into account their positions," McPhadden said.

One of the major reasons the dollar figure was accepted was the age of the alleged victims, which ranges between 60 and 70 years old. Another factor was that the statute of limitations on cases like this ran out years ago, but McPhadden notes that legal arguments could be made that would lead to the limitation being lifted by a judge.

"Had they pursued individual actions it could have been a lengthy process," McPhadden said. "Also, they would be faced with numerous defences, most notably the limitation defence that states this should have been claimed many years ago."

Once legal fees are deducted the plaintiffs will split approximately $800,000, leaving anywhere between $20,000 and $40,000 for each claimant. McPhadden says the alleged victims should receive payment within the next six to eight months. Some of the alleged victims were hoping to receive $50,000 in the settlement.

The settlement does not call for a public apology from the school, but McPhadden says that each of the alleged victims will receive a personal apology. A big reason for not issuing a public apology is that it could be used against the school should one or more of the alleged victims choose to pursue this matter further.

Over the next 30 days a public notice will be published in the newspaper. Plaintiffs have two months from the date of that publication to opt out of the settlement and sue the school on personal claims if they are not satisfied with the dollar amount.

"I have not heard from anyone yet who wanted to opt out," McPhadden said.

If more than five of the alleged victims choose to opt out of the settlement, the school would have the option of nullifying the settlement.

Many of the former students are alleging that Rev. Harold Forster, a teacher, choirmaster and chaplain at the school, abused them both physically and sexually. Forster was fired from the school in 1962 and died five years later.