Update to the Notice of Settlement Approval

You may be eligible for compensation. Please read the notice carefully.

Brought under the Class Actions Act, S.N.L. 2001, c. C-18.1

Pursuant to the Court Order dated September 7, 2023, the Court has ordered the following changes to the Settlement Approval Order:

1. The Claims Bar Deadline to file a Claim Form has been extended to February 9, 2024, from the original date of October 9, 2023.
2. A revised Track 1 A Claim Form (Estates) was approved for deceased Claimants who have died since March 10, 2022, and whose Claims are being continued by their Estate. (This revised Claim Form may not be applicable to your situation.) final
3. Appointing “Morris Moore” as Class Counsel in place of “Morris Martin Moore” as the firm has recently had a name change.

If you have already filed your Claim Form, no further action is required.

If you still wish to file a Claim Form, you now have until February 9, 2024, at 11:59 PM to complete, sign and submit your Claim Form.

If a Class Member does not submit a completed Claim Form to the Claims Administrator before the end of the Claims Period, the Claims Administrator and the ACR will not consider a further Claim Form from that person, and that person will receive no benefit in connection with the Settlement.

The Supreme Court of Newfoundland and Labrador has approved a Settlement between the Province of Newfoundland and Labrador and persons who were subjected to sexual abuse while attending training schools or youth secure custody Institutions between May 1, 1973, to June 28, 1989.

Track 1 Claim Forms, Track 2 Claim Forms and Track 1 A Claim Forms (Estates) may be submitted by one of the following methods:

1. Email at: ;
2. Fax at: 416-342-1761
3. Purolator/Canada Post Courier (Prepaid): please email us for individualized prepaid courier label.
4. Mail: (not the most secure nor confidential – please take advantage of the prepaid courier)
   Trilogy Class Action Services
   117 Queen St, P.O. Box 1000,
   Niagara-on-the-Lake, ON, L0S 1J0

The staff at Trilogy Class Action Services and the Abuse Claims Reviewer (“ACR”) understand that the Claims process may be extremely overwhelming and stressful. We are here to help. If you require assistance to complete the Claim Form, please call Sarah Lockie at 1-877-400-1211. For more information, please visit www.nfldsexabuseclassaction.ca.

Notice of Settlement Approval

You may be eligible for compensation. Please read the notice carefully.

Did you attend a Training School or a
Youth Secure Custody Institution
between May 1, 1973 to June 28, 1989?

BASIC INFORMATION

Why did I get Notice of the Settlement?

The Supreme Court of Newfoundland and Labrador approved the Settlement on September 9, 2022. The Court also approved this Notice to let you know about the Settlement and how to claim compensation.

WHO IS INCLUDED IN THE SETTLEMENT?

Which individuals are involved?

The Class includes people who were subjected to sexual abuse while residing or attending a youth secure custody Institution or training school in Newfoundland and Labrador at any point during the Class Period, which ran from May 1, 1973, to June 28, 1989. The Institutions included in this class action are:

• the Whitbourne Training School, also known as the Whitbourne Youth Center, the Boys' Home, the Boys' Home and Training School, and the Whitbourne School for Boys, at different times, located in Whitbourne.
• the Pleasantville Training School, also known as the Girl's Home, the Girls' Home and Training School, and the Pleasantville School for Girls at different times, located in Torbay and St. John's; and
• the St. John’s Youth Centre.

The Class does not include people who died before March 10, 2022, people who have already sued and received compensation, people who opted out of the class action, and people who are not normally resident in Newfoundland and Labrador and did not opt into the class action.

Sexual abuse may include:

• sexual assault by staff, volunteers, and other residents;
• beatings where the young person was naked or partially naked;
• detention while naked or partially naked; and
• sexually derogatory language.

Who should I contact with questions?

The Claims Administrator is Trilogy Class Action Services, and you can contact them at or call them toll free at 1-877-400-1211.

You can visit the website for this class action at http://www.NFLDsexabuseclassaction.ca.

You can also write to the Claims Administrator at this address:

Trilogy Class Action Services
117 Queen Street, P.O. Box 1000
Niagara-on-the-Lake, ON, LOS 1J0

HOW DO I GET COMPENSATION?

What can Class Members get?

Class Member compensation will vary with the severity of the abuse they suffered and the injuries they sustained, subject to a $500,000 cap on any Class Member's Claim. The Court has decided that an independent Claims Administrator will review all the Class Members Claims and determine how much compensation each Class Member will receive.

When will Class Members receive compensation?

Class Members must submit their claims within one year of the date on which the approval of the settlement becomes final. This means that if you think you are eligible, you must submit a Claim with the Claims Administrator by October 9, 2023. After the Claims Administrator has reviewed all the Claims, they will distribute the compensation.

How do individual Class Members pursue compensation?

If you are eligible, you have two options to pursue compensation: you can either attest, under penalty of perjury, that you experienced sexual abuse during the Class Period or you can complete a Claim Form and describe the sexual assault abuse you experienced.

You may be eligible for more compensation if you complete the claim form. If you complete a claim form, you may be interviewed by the Claims Assessor about your experience. This interview will be conducted by a social worker, and it will take place outside of court.

Individuals do not need to testify in front of a court to receive compensation. To be eligible for more money, individuals will have to describe in writing the sexual abuse they experienced and the effect that it had on them. For the most serious sexual abuse, individuals may be interviewed by the Abuse Claims Reviewer (“ACR”) about their experiences.

You do not need to provide any documents to prove you experienced sexual abuse. If you have such documents, you can use them to supplement your Claim.

How will the compensation amount be determined?

The Claims Administrator will consider the following factors in assessing the severity of claims:

1. Duration;
2. Frequency/number of instances;
3. Degree of intrusiveness into child's body (e.g., clothed/unclothed, oral, anal, vaginal);
4. Level or severity of force, violence, coercion, or threats;
5. Control of environment (e.g., solitary confinement, isolated on a field trip);
6. Number of persons that abused the Claimant;
7. Reported sexual abuse to an authority figure; and/or
8. Presence and extent of grooming.

The Claims Administrator will also consider whether the Class Member experienced any of the following impacts because of the sexual abuse:

1. Behaviour problems;
2. Academic problems;
3. Loss of faith;
4. Damage to family relationships/interpersonal difficulties;
5. Mental health symptoms, including:
   1. Depression;
   2. Suicide attempt and suicide ideation;
   3. Anxiety;
   4. Substance abuse;
   5. Sexual acting out;
   6. Runaway;
   7. Flashbacks; or
   8. Nightmares
6. Adult and current functioning:
   1. Underemployment/unemployment
   2. Relationship problems; or
   3. Substance abuse

In assessing the impacts of the sexual abuse, the Claims Administrator will also consider whether the Claimant was predisposed to more serious impacts on account of risk factors, in which case the impact of the sexual abuse may be diminished. Risk factors include, but are not limited to:

1. Childhood of poverty;
2. Family breakdown;
3. Exposure to substance in home;
4. Absence of parental supervision; and/or
5. Being the victim of sexual or physical child abuse outside the Institutions that are included in this class action or witnessing sexual or physical child abuse of a third person.

The Claims Administrator will assign each Claim a certain number of points depending on all these factors. Class Members will receive compensation in proportion to the point value of their Claim.

Do I need my own lawyer to make a Claim?

No. Class Members are represented by Morris Moore, who are Class Counsel. You may contact Class Counsel at:

Morris Moore
184 Park Avenue
Mount Pearl, NL
A1N 1K8
Tel: (709)747-0077
Fax: (709)747-0104
www.mmmlawyers.com

How will the lawyers be paid?

Class Counsel will be paid from the Settlement Fund. The Court has approved the lawyers' fees and you do not have to pay any more to make a Claim.

What if I want my own lawyer?

If you want to hire your own lawyer, you may do so at your own expense.

What have I given up in the settlement?

Class Members have given up their right to sue the Province of Newfoundland and Labrador for sexual abuse at the training schools and youth secure custody Institutions during the Class Period.

Can I remove myself from the settlement?

No. If you do not like the Settlement, you cannot opt out.

Who do I contact for more information?

You may contact the Claims Administrator at or you may call them toll free at 1-877-400-1211. You can also write to the Claims Administrator at:

Trilogy Class Action Services
117 Queen Street, P.0. Box 1000
Niagara-on-the-Lake, ON, L0S 1J0