In a class action, one or more people called “Plaintiffs” or “Representative Plaintiffs” sue on behalf of people who have similar claims. All of those people are called a “Class” or “Class Members”. The courts resolve the issues for everyone affected.
The Representative Plaintiffs in this case are RPC1, RPC2, and RPC3. The lawyers for the Class (“Class Counsel”) are Morris Moore of Mount Pearl, Newfoundland and Labrador and Cooper Regel of Sherwood Park, Alberta. The Representative Plaintiffs are identified by pseudonyms, but you can contact them by writing to the Claims Administrator at the address below.
The Commissioner of the Territory of Nunavut and the Commissioner of the Territory of the Northwest Territories are the Defendants in the class action.
The Representative Plaintiffs allege that the Territory was responsible for sexual abuse of students in the institutions at the hands of Maurice Cloughley. Sexual abuse may include:
• Having been sexually assaulted by Cloughley;
• Having been forced to touch Cloughley in a sexual manner;
• Having been forced to touch other children in a sexual manner;
• Having been forced to have their picture taken while nude; or
• Some combination of these forms of sexual exploitation.
The Representative Plaintiffs and the Territory have agreed to a proposed settlement. By agreeing to a proposed settlement, the parties avoid the costs and uncertainties of a trial and delays in obtaining judgment, and Class Members receive the benefits described in this notice (if the Court approves the proposed settlement).
The Representative Plaintiffs and their lawyers believe that the proposed settlement is in the best interests of all Class Members.
Individuals are included in the Class if:
1. they attended a school in Resolute Bay or Clyde River between April 1, 1969 and July 30, 1981;
2. they experienced sexual abuse at the hands of or facilitated by Maurice Cloughley while attending the schools;
sexual abuse includes:
a. sexual assault by Cloughley;
b. being forced to touch Cloughley in a sexual manner;
c. being forced to touch other children in a sexual manner;
d. being forced to have their picture taken while nude; or
e. some combination of these forms of sexual exploitation.
3. they have not already sued and received compensation;
4. for residents of Nunavut, they have not opted out of the class action; and
5. for non-residents of Nunavut, they opted into the 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.
Nothing will be paid unless the Court approves the proposed settlement. Payment will be made to individuals one year after the settlement approval order becomes final.
Individuals eligible for compensation must submit their claims to the Claims Administrator to receive payment. No claim forms will be available until the Court approves the proposed settlement. Individuals do not need to testify in front of a court to receive compensation.
Individuals will have to attest, under penalty of perjury, that they were subjected to sexual abuse during the class period. To be eligible for more money, individuals will have to describe in writing the sexual abuse they were subjected to and the effect it had on them. For the most serious sexual abuse, individuals may be interviewed about their experiences.
The lawyers for the Class will be paid out of the settlement fund. The lawyers will not be paid until the Court decides that the fees requested are fair and reasonable. The Court will decide how much the lawyers should be paid.
If the Court approves the settlement, you will give up your right to sue the Territory for the claims resolved by the proposed settlement.
Class Counsel are Morris Moore of Mount Pearl, Newfoundland and Labrador and Cooper Regel of Sherwood Park, Alberta. You can contact them at:
Morris Moore
184 Park Avenue
Mount Pearl, NL A1N 1K8
Tel.: 709-747-0077
Fax: 709-747-0104
www.mmmlawyers.com
AND
Cooper Regel
77 Chippewa Rd.
Sherwood Park, AB T8A 6J7
Tel.: 1-780-570-8448
Fax: 1-780-570-8467
www.cooperregelnorth.ca
Not directly. Class Counsel will ask the Court to approve their fees. Class Counsel’s fees will be paid out of the settlement funds
If you want to hire your own lawyer, you may do so at your own expense.
If you do not like some part of the proposed settlement, or you do not like Class Counsel’s fees and disbursements, or you do not like the honoraria for the Representative Plaintiffs, you may object. The Court will consider your views. To object, you must send the following information to the Claims Administrator at the address below:
1. your name, address, phone number, and email address;
2. a statement saying you object to the proposed settlement;
3. the reasons you object to the proposed settlement; and
4. your signature.
The Claims Administrator must receive notice of your objection postmarked by June 4, 2024 to:
CL9 Claims Administrator
P.O. Box 3355 London, ON
N6A 4K3 Tel.
(toll-free): 1-844-445-2734
Email: [email protected]
The court will hold a hearing on June 4, 2024. You may attend in person at the Nunavut Court of Justice in Iqaluit.
No. If you send an objection to the Claims Administrator, you do not have to talk about it in court. The Court will consider objections received in time even if you do not attend the hearing. You or your lawyer may attend in person at the hearing of the settlement approval application.
You may ask the Court for permission to speak at the hearing of the settlement approval application. To do so, you must give the Claims Administrator notice of your objection and indicate you wish to speak to the Court. The application to approve the settlement agreement will be heard on June 4, 2024.
Individuals who are eligible to participate in the proposed settlement who do nothing will be bound by the settlement if the Court approves it. Those individuals will be eligible for compensation, but they will give up their right to object to the settlement.
You may contact the Claims Administrator at:
CL9 Claims Administrator
P.O. Box 3355
London,ON N6A 4K3
Tel. (toll-free): 1-844-445-2734
Email: [email protected]
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
AND
Cooper Regel
77 Chippewa Rd.
Sherwood Park, AB T8A 6J7
Tel.: 1-780-570-8448
Fax: 1-780-570-8467
www.cooperregelnorth.ca