BC Supreme Court Approves Partial Settlement in Christian Brothers Abuse Case

• The BC Supreme Court approved a partial settlement worth $30 million in a class action lawsuit alleging abuse by current or former members of the Christian Brothers of Ireland in Canada.
• The plaintiffs alleged that six Christian Brothers were transferred from Mount Cashel orphanage to two Metro Vancouver schools and abused students at these institutions from 1976 to 2013.
• The court approved a 29 percent contingency fee and expenses sought by CFM Lawyers, representing the plaintiffs in this case.

The representative plaintiffs and many class members strongly supported the agreement, which included benefits such as compensation for past abuse and a commitment from the settling defendants to implement policies to prevent similar abuse in the future.

The BC Supreme Court has approved a partial settlement in a class action lawsuit alleging abuse by current or former members of the Christian Brothers of Ireland in Canada (which is in liquidation). The plaintiffs, represented by CFM Lawyers, alleged that six Christian Brothers were transferred from Mount Cashel orphanage in Newfoundland to two Metro Vancouver schools in the late 1970s and early 1980s. These transferees allegedly physically, sexually, or psychologically abused students at the two schools from 1976 to 2013. The plaintiffs claimed that the senior Christian Brothers who arranged the transfers held leadership positions at the schools and had connections with the office of the Roman Catholic Archbishop of Vancouver (RCAV).

The class action lawsuit, Liptrot v Vancouver College Limited, which remains ongoing for common issues with a trial scheduled for October 2025, was certified by the BC Supreme Court in March 2023 under the Class Proceedings Act, 1996. The plaintiffs alleged that the settling defendants, including the RCAV and two Metro Vancouver schools, had knowledge of the abuse at Mount Cashel and failed to prevent it from happening at their own institutions. The court approved a settlement agreement worth $30 million, subject to court approval under s. 35 of the CPA. The court also approved a 29 percent contingency fee and expenses sought by CFM Lawyers.

The approval of this partial settlement may set a precedent for similar cases involving historical abuse at Vancouver schools. Lawyers advising clients on potential claims related to historical abuse should note that the BC Supreme Court's decision provides guidance on the application of s. 35 of the Class Proceedings Act. The court's approval of the late opt-outs sought by 12 applicants also highlights the importance of considering the interests of justice in class action proceedings.

Lawyers advising clients on potential claims related to historical abuse should note that the BC Supreme Court approved a partial settlement, which may set a precedent for similar cases and provide guidance on the application of s. 35 of the Class Proceedings Act.

Source: Original reporting via [Source]