Welcome to the Cloughley Sex Abuse Class Action Website

Summary

A lawsuit was certified as a class action on behalf of people who were subjected to sexual abuse while attending Nunavut schools in Resolute Bay or Clyde River between April 1, 1969 and July 30, 1981 and who were sexually abused by teacher Maurice Cloughley. Sexual abuse includes:

• Sexually assaulted by Cloughley;
• Forced to touch Cloughley in a sexual manner;
• Forced to touch other children in a sexual manner;
• Forced to have their picture taken while nude; or
• Some combination of these forms of sexual exploitation.

The Court certified the class action, appointed RPC1 and RPC2 as Representative Plaintiffs and appointed the law firm of Morris Moore of Mount Pearl, Newfoundland and Labrador and Cooper Regel of Sherwood Park, Alberta as Class Counsel.

The Representative Plaintiffs and the Territory of Nunavut have agreed to settle this class action. If the Court approves the settlement, the Territory will pay $8,000,000.00 to establish a settlement fund to compensate class members, pay Class Counsel’s legal fees and disbursements, and pay for the administration of the settlement. Class Counsel are asking the Court to approve fees of $2,000,000.00, plus tax, disbursements to date of $95,014.17, plus tax, and $15,000.00 honoraria for each of the Representative Plaintiffs.

The settlement funds will be divided between class members on the basis of their injuries, subject to a $250,000.00 cap on any class member’s claim.

The Court must approve the proposed settlement before there is any money or any other benefit available. If the settlement is approved by the Court, class members will give up their rights to sue the Territory for sexual abuse by Cloughley they experienced while attending a school. If you are eligible for compensation, your legal rights will be affected even if you do nothing.

You have three options:

1. Object in writing: Write to the Claims Administrator at the address below if you do not like the proposed settlement or the lawyers’ fees and disbursements and you do not want them to be approved by the Court. The Claims Administrator must receive your written objection postmarked no later than June 4, 2024.
2. Object in writing and in person: You do not need to attend Court. However, your written objection may indicate that you would like to address the Court at the hearing of the application to approve the settlement. The hearing will take place June 4, 2024 at the Nunavut Court of Justice in Iqaluit. This is the hearing date, and you will be required to provide any evidence and make your arguments and submissions on those days.
3. Do Nothing: Give up any right you have to object to the proposed settlement. By doing nothing, your rights to bring your own lawsuit are extinguished and cannot be revived.

If the settlement agreement is approved, you will have to comply with its terms to claim compensation. If the settlement agreement is not approved, no one will get any benefits under the settlement.

The Notice explains your rights and options and how to exercise them.