BISHOP’S COLLEGE SCHOOL CLASS ACTION

 

Notice to Class Action Members / Avis aux membres du recours collectif - Bishop’s College School

CLASS COUNSEL: McPhadden Samac Tuovi

 

SCHOOL: Bishop’s College School

 

 

 

 

NOTICE OF HEARING FOR APPROVAL OF PROPOSED SETTLEMENT OF

BISHOP’S COLLEGE SCHOOL CLASS ACTION CONCERNING SEXUAL AND PHYSICAL, MENTAL OR PSYCHOLOGICAL ABUSE

 

 

TO CLASS MEMBERS:

 

             All former students of Bishop’s College School (“BCS”) who allege that they were the victims of Abuse (means abuse of a sexual nature and any physical, mental or psychological abuse directly or indirectly related thereto), between any of the years 1953 up to 1962, perpetrated by or with the participation of Reverend Harold Theodore Gibson Forster and/or any other of BCS’s employees, agents, legal assigns, servants, representatives, principals, teachers, prefects, house masters, chaplains, choirmasters, head boys and/or any person who exercised any administrative, educational or disciplinary function at BCS, with or without remuneration (collectively referred hereinafter as “BCS’s Employees”).

 

Please read this notice carefully as it may affect your legal rights.

 

TO ALL POTENTIAL CLASS MEMBERS:

 

THE LEGAL PROCEEDINGS

 

An Amended Petition for authorization to institute a Class Action ("Class Action") has been filed in Quebec against BCS by former students of BCS relative to alleged Abuse by or with the participation of the above noted former BCS’ Employees, bearing Superior Court file number 500-06-000362-067.

 

An agreement (the terms of which are set out in detail in the "Settlement Agreement") has been reached between the Petitioner (the individual who brought the Class Action) and BCS in the Class Action. In order for the Settlement Agreement to become effective, it must be approved by the Superior Court of Quebec.

 

SETTLEMENT APPROVAL HEARING

 

This Notice is to advise you of the Approval Hearing for the Settlement Agreement in the Class Action brought on behalf of Class Members, which will take place on August 24 and 25, 2010 at 9:30 a.m., before the Superior Court of Quebec at 1, Notre-Dame Street East, in Montreal, Quebec (the specific courtroom to be indicated by the office of Mr. Justice Kevin Downs, on the day before).

 

CONTENT OF THE PROPOSED SETTLEMENT

 

Subject to Court approval and without any admission of fault or liability on the part of BCS, the proposed Agreement provides that BCS will pay an amount equal to $1,000,000 in capital, interest and costs (the “Settlement Amount”) in full and final settlement of any and all claims of the Class Members.

 

Subject to Court approval, the Settlement Agreement provides that once the fees of Class Counsel ($210,000 plus taxes and disbursements (not to exceed $20,000 plus taxes)), the cost of the Notices (approximately $22,000 plus taxes), the costs of implementing the Proposed Settlement (the amount of these costs will depend on the number of Claimants; based on the assumption of a number of 20 to 40 Claimants, these  costs would be between 1.5% and 4% of the Settlement Amount), the cost of the Truth and Reconciliation process ($50,000) and of the amounts payable to the Fonds d’Aide aux recours collectifs have been paid from the Settlement Amount, a lump sum compensation based on the number of Claimants will be paid to the Class Members in equal shares. The lump sum will be paid to each Claimant whose Claim has been approved after having been duly submitted no later than November 23, 2010 to the Administrator appointed to process same. For this purpose, a form shall be filled and a sworn affidavit is to be provided accompanied by supporting documents. The Administrator will approve the Claim or not, subject, in the event of a refusal, to a right of appeal to the Court, whose decision shall be final.

 

THE HEARING BEFORE THE COURT ON THE APPROVAL OF THE PROPOSED SETTLEMENT WILL TAKE PLACE ON AUGUST 24 AND AUGUST 25, 2010 AT 9:30 A.M. IN ROOM 2.08 OF THE MONTREAL COURTHOUSE LOCATED AT 1 NOTRE-DAME STREET EAST, MONTREAL.

 

A copy of the proposed Agreement, including the complete Claims Administration Process , the compensation and the Schedules can be found on Class Counsel internet site at www.msmt.ca or by calling Class Counsel (Bryan C. McPhadden) at (416) 363-5195.

 

It is proposed that the deadline for submitting claims shall expire sixty (60) days after publication of the Notice advising of the approval of the Agreement and the authorization of the Class Action by the Quebec Superior Court. Class Members are encouraged to start collecting and preparing all necessary documentation as soon as possible in order to file a timely Claim Form.

 

CLASS COUNSEL RECOMMENDATIONS

 

Class Members are represented by proposed Class Counsel, McPhadden Samac Tuovi and proposed Quebec agent for Class Counsel, Liebman & Associates.

 

Class Counsel are highly experienced in institutional and sexual abuse class action litigation and recommend the Settlement.

 

CLASS MEMBER’S RIGHT TO OBJECT

 

Members of the proposed class who do not oppose the Settlement Agreement need not appear at the hearing or take any other action at this time to indicate their desire to participate in the Settlement.

 

Members of the proposed class are entitled to object to the Settlement Agreement and have the right to appear at the hearing, in person or through a lawyer.

 

Members of the proposed class who wish to object to the Settlement Agreement are requested to send an objection in writing by mail or by fax, delivered on or before August 13, 2010, to Class Counsel by mail at McPhadden Samac Tuovi, attention: Bryan C. McPhadden, 8 King Street East, Suite 300, Toronto, Ontario M5C 1B5 or by fax at (416) 363-7485. All written objections will be forwarded to BCS’ Legal Counsel upon receipt and presented to the Court for consideration. If a written objection is filed, it is requested that the written objection include the following information:

 

 

1. The individual's name, address, telephone number, fax number, and e-mail address. This information will be kept strictly confidential pursuant to an order of the Superior Court of Quebec.

 

2. A statement that the individual is a member of the proposed class.

 

3. A brief statement of the nature of and reasons for the objection.

 

4. Whether he intends to appear at the appropriate Court hearing in person or through a lawyer and if through a lawyer, the lawyer's name, address, telephone number, fax number and e-mail address.

 

QUESTIONS ABOUT THE SETTLEMENT

Do not direct any questions about this notice or the Settlement to the Court. The Court cannot answer them. Any questions should be directed to Class Counsel: McPhadden Samac Tuovi at 8 King Street East, Suite 300, Toronto, Ontario, M5C 1B5 (416) 363-5195 or at www.msmt.ca or to Quebec Agent for Class Counsel: Liebman and Associates at 1 Westmount Square, Suite 1500, Montreal, Quebec H3Z 2P9, (514) 846-0666 or at www.liebman.org.

 

INTERPRETATION

This notice is intended as a summary only. Should there be any conflict between the provisions of this Notice and the Settlement Agreement and any of its Schedules, the terms of the Settlement Agreement shall prevail.

 

PUBLICATION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE SUPERIOR COURT OF QUEBEC.