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  Proposed Settlement Reached in Class Action against Roman Catholic Diocese of Antigonish for Sexual Abuse by Priests:

CNW Group
August 7, 2009

http://www.newswire.ca/en/releases/archive/August2009/07/c3325.html

Victims of sexual abuse and estates of deceased may be eligible to claim compensation from $13 million settlement fund.

HALIFAX, Aug. 7 /CNW Telbec/ - One year ago Ronald Martin filed a proposed class action in the Supreme Court of Nova Scotia against the Roman

Catholic Diocese of Antigonish seeking compensation for himself and all persons who were sexually abused by priests of the Diocese.

Today the parties to the lawsuit announced a proposed settlement of the class action totalling more than $13 million for all persons who were sexually assaulted by any priest of the Catholic Episcopal Corporation of Antigonish since January 1, 1950, including the estates of those persons if they have since passed away. The class action is referred to as Martin v Lahey et al, Hfx No.297827.

Persons impacted and choosing to participate in the settlement are considered "Class Members".

THE TERMS OF THE SETTLEMENT

The proposed settlement can be broken down as follows:

i) up to $12 million will be paid by the Diocese into a "Settlement Fund" to pay compensation to eligible Class Members;

ii) The Diocese will create an "Expense Fund" $1 million to pay the expenses of the settlement; and

iii) The Diocese will create a "Costs Fund" to pay certain claimant's costs.

Class Members must file a claim within specified time limits in order to qualify for compensation and benefits under the proposed class action settlement.

The settlement process will be private and confidential.

Class Members may be required to be evaluated by a neutral medical expert.

Class Members and the Diocese may settle claims by agreeing to the amount of compensation, without the need for a hearing.

If a class member and the Diocese cannot agree on the value of a settlement, the claim will be considered by a judge or retired judge of the Supreme Court of Nova Scotia at a private and confidential hearing.

Claims can include compensation for pain and suffering, and wage loss up to certain limits. The Diocese will pay successful claimants necessary counseling costs as well as certain costs associated with pursuing a successful claim. The amount each claimant will receive depends upon the details of the claim, and the number of claims made.

In order for the settlement to become effective, it must be approved by the court, which must be satisfied that the settlement is fair, reasonable, and in the best interests of the Class Members. The date and location for the approval hearing is as follows:

September 10 & 11, 2009, at 10:00 a.m.,

Supreme Court of Nova Scotia,

1815 Upper Water Street, Halifax, Nova Scotia.

OPTIONS FOR CLASS MEMBERS

Persons or the estates of deceased individuals who believe they are Class

Members have the following options:

- SUPPORT THE SETTLEMENT - Class Members who support the proposed settlement, do not need to appear at the approval hearing. Those impacted may contact Class Counsel at the address below to advise him of their support.

- SUBMIT A CLAIM FOR COMPENSATION - If the settlement is approved by the court, in order to be eligible to receive compensation, individuals must complete, sign, and return a Claim Form and provide other required information within specified time limits. Further details on how to make a claim will be set out in a further published notice that will be issued if the Class Action is certified and the proposed settlement approved. Information and status updates will also be available at www.dioceseclassaction.com

- OBJECT TO THE SETTLEMENT - Class Members who wish to appear at the approval hearing or object to this proposed settlement, are required to submit a written objection letter to Class Counsel no later than August 28, 2009. Class Counsel will file copies of all objections with the court.

- OPT OUT - If the court approves the settlement, the future rights of impacted individuals to make a claim will be controlled and bound by the court's order, the release and other provisions of the settlement; unless a Class Member chooses to exclude himself orherself from the settlement class (this is called "opting out"). The process and deadline for Opting Out will be published in a further notice that will be issued if the class action is certified and the proposed settlement is approved and will be available at www.dioceseclassaction.com

LEGAL FEES

At the approval hearing, Class Counsel will request that the court approve payment of up to $400,000.00 out of the Costs Fund, for acting as Class Counsel.

Class Members can retain the services of Class Counsel to represent them to make a claim under the class action settlement or Class Members can retain their own lawyer to make a claim, or they can represent themselves. Use of a lawyer is recommended. Any legal fee arrangement will be reviewed by the Judge for reasonableness.

WHERE CAN CLASS MEMBERS GET MORE INFORMATION?

- For more information, or to register to obtain notice of approval of the settlement, visit: www.dioceseclassaction.co or contact Class Counsel at the address below:

Arnold Pizzo McKiggan
306-5670 Spring Garden Road
Halifax, Nova Scotia B3J 1H6
Toll Free in Atlantic Canada: (877) 423-2050
Local: (902) 423-2050
Fax: (902) 423-6707
Attn: Mr. John McKiggan
Email: dioceseclassaction@apmlawyers.com

- Please note, this news release is just a summary. To review the full agreement, visit www.dioceseclassaction.com Do not contact the court directly about this settlement. For further information: or to register to obtain notice of approval of the settlement, visit: www.dioceseclassaction.com or contact Class Counsel at the address below:

Arnold Pizzo McKiggan,
306-5670 Spring Garden Road,
Halifax, Nova Scotia, B3J 1H6,
Toll Free in Atlantic Canada: (877) 423-2050,
Local: (902) 423-2050, Fax: (902) 423-6707,
Attn: Mr. John McKiggan,
Email: dioceseclassaction@apmlawyers.com

 
 

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