Class action on behalf of sexual abuse victims at Collège Servite (formerly Collège Notre-Dame des Servites) in Ayer’s Cliff
JUNE 29, 2021: SUPERIOR COURT APPROVES $11.6 MILLION SETTLEMENT OF CLASS ACTION AGAINST THE SERVITES DE MARIE AND COLLÈGE SERVITE
Kugler Kandestin is pleased to announce that on June 29, 2021, the Superior Court rendered a Judgement approving a settlement of $11,600,000 in the Class action that we have been handling against Les Servites de Marie de Québec, Servites de Marie and Collège Servite.
Deadline to submit a claim:
In order to benefit from the settlement, Class members must submit a claim by no later than November 12, 2021.
Class members must submit a claim by completing the Claims Form and sending it to the Honourable Nicole Duval Hesler, a retired judge who will act as the Adjudicator/Arbitrator, at the following coordinates:
The Honorable Nicole Duval Hesler, Claims Arbitrator
Registered mail:
Kugler Kandestin, Attention the Honourable Nicole Duval Hesler
1 Place Ville Marie, suite 1170, Montreal, Quebec, H3B 2A7
or
By fax:
Attention the Honourable Nicole Duval Hesler at 514-875-8424
or
By e-mail: reclamationservites@kklex.com
It is important to note that even if you have already contacted Class Counsel to discuss the sexual abuse that you endured, you must still complete and submit the Claims Form to the Honourable Duval Hesler.
Who decides my claim?
Once the Honourable Duval Hesler receives your Claim Form and supporting documentation, she will contact you to schedule a private and confidential meeting.
Under the settlement, the Honourable Duval Hesler is solely responsible for determining the admissibility of claims and the category of compensation that each Class member is eligible to receive.
The amount of compensation for each category of compensation will only be known after all claims have been decided.
For more details, please read Appendix 1 of the Settlement Agreement: Claims Process and the Notice to Members of the Approval of the Settlement Agreement.
JUNE 4, 2021: SETTLEMENT REACHED IN THE CLASS ACTION AGAINST SERVITES DE MARIE AND COLLÈGE SERVITES
We are pleased to announce a very important development.
On the eve of the trial for the Class action, the parties reached a settlement whereby the Defendants will pay a total amount of $11,600,000, which represents virtually the entire value of their assets (save for personal effects and certain movable property).
A retired judge will act as adjudicator/arbitrator to decide the claims of Class members and the category of compensation to which they are entitled. The adjudicator/arbitrator has been determined by Class counsel, who have also ensured that the claims process will be confidential and that the Defendants will have no involvement or right to contest any claims.
In order for a settlement in a Class action to be valid, it must be approved by the Superior Court. On June 23, 2021, a hearing will be held for the Application to approve the settlement, the claims process and Class Counsel fees. You may consult the Notice to Class members for this hearing. You do not have to attend the hearing in order to benefit from the settlement, if it is approved.
You may consult the following documents to read the complete terms of the settlement, its benefits for Class members and the categories of compensation:
- Settlement agreement
- Appendix 1 of the Settlement Agreement: Claims process
- Appendix 2 of the Settlement Agreement: Claim form
- Application to Approve the Settlement Agreement and the payment of Class Counsel Fees
If the Superior Court approves the settlement, we will provide additional information regarding the steps to take to submit a claim and the Claims deadline. Please note that at this time no claim can be submitted and that the claims process has not yet begun.
If you or someone you know has been sexually abused by a religious member of the “Servites de Marie”, you may contact one of the undersigned lawyers so that we may inform you of your rights. Your communications with us are free and will be kept strictly confidential.
Me Robert Kugler
rkugler@kklex.com
(514) 878-2861, ext. 116
Me Olivera Pajani
opajani@kklex.com
(514) 878-2861, ext. 149
Me Pierre Boivin
pboivin@kklex.com
(514) 878-2861, ext. 103
Me Jérémie Longpré
jlongpre@kklex.com
(514) 878-2861, ext 126
Update – September 17, 2019
Kugler Kandestin is pleased to announce significant developments in the class action filed on behalf of sexual abuse victims by religious members of the Servites de Marie at Collège Servite.
On June 7, 2019, the Supreme Court of Canada ruled in favour of sexual abuse victims in their efforts to obtain justice for the harms done to them by members of religious orders. The Supreme Court confirmed that victims may claim damages from religious orders and schools even if they were abused by individuals who have died many years ago.
The Supreme Court of Canada also affirmed that “sexual assault has always been a fault that automatically causes serious injury”. The Court’s recognition of the serious harm automatically caused by the sexual abuse of a minor is precisely the position that we have argued on behalf of the members of the class in the present class action.
In light of the Supreme Court of Canada’s decision, on September 12, 2019, Quebec Superior Court Justice Christian Immer modified the group forming part of the present class action as follows, notwithstanding whether any member’s abuser is alive or dead:
“All persons who were sexually abused by a religious member of the religious congregation Servites de Marie, while they were students, guests or candidates for admission at Collège Servite (formerly, Collège Notre-Dame des Servites), between 1948 and 2007.”
The class action alleges that systemic sexual abuse was perpetrated by numerous religious members of the Servites de Marie at Collège Servite in Ayer’s Cliff. The class action seeks to give access to justice to all victims; the lawsuit claims compensatory damages and $15 million in punitive and exemplary damages.
We invite you to consult the following proceedings:
- Notice to members
- Judgment on the Motion to quash the subpoena dated September 13, 2019
- Judgment on the Request to lift the suspension and on the notice to members dated September 12, 2019
- Amended Motion to Institute Proceedings dated May 23, 2019
- Motion to Institute Proceedings dated November 21, 2018
- Judgment dated Septembre 17, 2018
- Application for Authorization to Institute a Class Action
If you, or someone you know was sexually abused by Father Jacques Desgrandchamps, Father Robert Desloges, Father André Cotton, Father Yvon Chalifoux, Father Bernard Lajeunesse, Brother Michel Lussier, Brother Gilles Poirier, Brother André-Marie Syrard, Father Raymond Délisle, Father Paul McKeown, Father Luc Lapalme, Father Paul-André Mailhot, Brother René Léveillé, or any other religious member of the “Servites de Marie”, we encourage you to communicate with one of the lawyers below so that we can inform you of your rights. Your communications with us are free and will be kept strictly confidential.
We will continue to update this page as the case progresses.
Me Robert Kugler
rkugler@kklex.com
(514) 878-2861, ext. 116
Me Olivera Pajani
opajani@kklex.com
(514) 878-2861, ext. 149
Me Pierre Boivin
pboivin@kklex.com
(514) 878-2861, ext. 103
Me Jérémie Longpré
jlongpre@kklex.com
(514) 878-2861, ext 126
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