Grenville Christian College (GCC) Settlement

Important Updates

 

 

Settlement Approval

A Settlement has been reached between the parties in the GCC lawsuit.

 

On November 20, 2023, the Ontario Superior Court of Justice approved the Settlement Agreement and Class Counsel’s fees.

 

The Notice of Settlement Approval was published on January 26, 2024 to advise Class Members about how to file a claim. Please visit the Documents page of this website to view the Notice of Settlement Approval.

 

Deadline to Submit a Claim

All Eligible Class Members can submit a claim for payment.   If you want to submit a claim for payment, please complete the Claim Form, including all required supporting documentation and submit to the Claims Administrator by October 22, 2024.  The Claim Form can be found here.

 

The deadline to submit a claim is October 22, 2024.

 

Updates will be available on this website, so we invite you to visit this website periodically.

Frequently asked questions (FAQs)

 

1. What is this class action about?

2. Who are the Class Members?

3. What are the details of the Settlement?

4. The Settlement Agreement has been approved by the Court. What happens now?

5. How will the settlement monies be distributed?

6. How can I submit a claim for compensation?

7. When will Settlement payments be paid to Eligible Claimants?

8. What if I want to opt-out of the Settlement?

9. Do I have a lawyer in the case?

10. How will Class Counsel be paid?

11. Where can I get more information on this case?

1. What is this class action about?

A Settlement was reached between the parties for the all-inclusive amount of $10,875,000 CAD and has been paid by the Defendants’ Insurers to settle the class action in return for releases and a dismissal of the lawsuit.  On November 20, 2023, the Ontario Superior Court of Justice approved the Settlement as fair, reasonable, and in the best interests of the Class.  The Court also approved the Class Counsel fees and Class Proceedings Fund levy.

 

The class action lawsuit was commenced in 2008 by and on behalf of former boarding students of GCC, (who boarded/attended between September 1973 and July 1997). It took many years before the lawsuit was determined to be allowed to proceed by way of class action (“certified”), and many more years to make its way through a common issues trial and appeal therefrom.

 

The lawsuit alleged (and the Ontario Superior Court in 2020, and the Ontario Court of Appeal in 2021 have since affirmed) that GCC utilized practices and policies which amounted to child abuse: they created an environment of control, intimidation, and humiliation that fostered and inflicted enduring harms on its students.

2. Who are the Class Members?

 

If you attended and boarded at GCC between September 1973 and July 1997 (and you are NOT a child or grandchild of Charles Farnsworth and/or Alastair Haig and you have NOT previously validly opted-out) you are a Class Member.

3.  What are the details of the Settlement?

 

A Settlement has been reached between the parties for the all-inclusive amount of $10,875,000 CAD has been paid by the Defendants’ Insurers to settle the class action in return for releases and a dismissal of the lawsuit.  On November 20, 2023, the Ontario Superior Court of Justice approved the Settlement as fair, reasonable, and in the best interests of the Class.  The Court also approved the Class Counsel fees and Class Proceedings Fund levy.

 

The Settlement is intended to provide closure and support for healing for Class Members. The financial compensation under the Settlement is meant to serve a symbolic function in acknowledging the harms endured by the Class Members. Key elements of the Settlement are that Class Members will not be subjected to an adversarial adjudicative process and the claims program is confidential and document-based.

 

There are two categories of compensation available to Class Members.  Group A Compensation (Common Experience Payments) and Group B Compensation (Psychological and/or Physical Harm and/or Sexual Abuse).   Class Members can apply for compensation under both categories.

 

Payment in any one of these categories is not guaranteed.  Total payments (Group A and B combined) will not exceed $74,000.

 

Class Counsel Fees are also paid out of the Settlement Amount.  The Court approved $3,122,187.50 CAD of the Settlement Amount be allocated to Class Counsel’s legal fees, taxes, and disbursements.  In addition, a 10% levy of the Net Settlement Fund, after deduction of legal fees and expenses will also be paid to the Class Proceedings Fund, which provided financial support to enable the prosecution of the class action lawsuit.

 

This is only a summary. A copy of the Settlement Agreement is available here.

4. The Settlement Agreement has been approved by the Court.  What happens now?

 

All Class Members who did not validly opt-out before December 28, 2014, can submit a claim for payment.

 

If you want to submit a claim for payment, please complete the Claim Form, including all required supporting documentation, and submit to the Claims Administrator no later than October 22, 2024.

5. How will the Settlement monies be distributed?

 

The Insurers, on behalf of the Defendants, will pay $10,875,000 CAD to settle the lawsuit.  The Settlement Amount will be allocated to pay Eligible Class Member Claims (the “Settlement Fund”), as well as the costs of administering the Settlement, the litigation funding levy, as well as Class Counsel’s legal fees.

 

The Settlement is intended to provide closure and support for healing for Class Members. The financial compensation under the Settlement is meant to serve a symbolic function in acknowledging the harms endured by the Class Members. Key elements of the Settlement are that Class Members will not be subjected to an adversarial adjudicative process and the claims program is confidential and document-based.

 

The Claims Program and Distribution Protocol has been developed with a view to limiting the chances of causing further trauma to Class Members.  To view a copy of the Claims Program and Distribution Protocol, please click here.

 

There are two categories of compensation available to Class Members.  Group A Compensation (Common Experience Payments) and Group B Compensation (Psychological and/or Physical Harm and/or Sexual Abuse).   Class Members can apply for compensation under both categories.

 

1) Group A – Common Experience Claim

 

All Class Members share a Common Experience in having attended and boarded at GCC during the Class Period (September 1973 and July 1997) and having been subjected to controlling, demeaning, intimidating, and humiliating acts, as well as excessive physical and/or psychological punishment.

 

Payments to Eligible Class Members under this category (“CEP”) will be determined based upon the amount of time they attended and boarded at GCC during the Class Period.

 

Less than 1 School Year1   $ 1,500 CAD

1 School Year                     $ 3,000 CAD

1-2 School Years                $ 6,000 CAD

2-4 School Years                $ 12,000 CAD

4+ School Years                 $ 24,000 CAD

1A school year is 10 months, between September and June.

 

Claims for compensation in this category require proof/confirmation of class membership, along with the completion, execution and submission of a Claim Form by the claims deadline.  While the Claims Administrator will be provided with a Class Member List to establish class membership and eligibility under this category, additional document may be required and requested by the Claims Administrator, before any determination of eligibility or payment can be made.

 

2) Group B – Severe Psychological and/or Physical Harm and/or Sexual Abuse

 

Class Members may seek additional compensation to the CEP, if they can provide objective evidence of severe psychological injury (i.e. mental-health illness/disorder diagnosis and treatment), or physical injury (i.e. surgery and/or ongoing physiotherapy) linked to their experiences at GCC. To qualify for additional compensation related to severe psychological injury or physical injury, claimants must provide a sworn/solemnly affirmed Impact Statement and medical records, in addition to the completion and execution of the Claim Form.

 

Class Members subjected to incidences of sexual abuse may also submit claims for additional compensation. To qualify for additional compensation related to sexual abuse, claimants must provide a sworn/solemnly affirmed Impact Statement  setting out the nature of the incident(s) alleged to have been experienced by the claimant while at GCC during the Class Period (being September 1973 to July 1997), along with the details relating to the time period, specific date(s) of the incident(s), location, individuals involved, witnesses, if any, and reports made, if any (and to whom those reports where made).

 

Payments under this category will be determined based on a Points System, with Points being allocated based on supporting documentation evidencing a Compensable Psychological or Physical harm (i.e. medical records and impact statement) or, in the case of sexual abuse, based on an impact statement, all in addition to a Claim Form.

 

Group B payments are capped at $50,000.

 

Payment in any one of these categories is not guaranteed.  Total payments (Group A and B combined) will not exceed $74,000.

6. How can I submit a claim for compensation?

 

Mail or courier your completed Claim Form and any supporting documentation to the Claims Administrator at:

 

Grenville Christian College (GCC) Settlement

c/o Epiq Class Action Services Canada Inc.

P.O. Box 507 STN B

Ottawa, ON K1P 5P6

 

Mailed claim submissions must be postmarked by no later than OCTOBER 22, 2024.

 

OR

 

Email your complete Claim Form and any supporting documentation to: info@GCCSettlement.ca.

7.  When will Settlement Funds be paid to Eligible Claimants?

 

If you are a Class Member, you may make a claim for payment under the Settlement.  The deadline to file your claim is October 22, 2024.

 

When all claims have been evaluated by the Claims Administrator, payments will be issued from the Settlement Fund to Eligible Claimants. Payments are expected to be issued 12-18 months from the claim filing deadline. For more updates about the timing of payments, we recommend that you periodically visit this website, www.GCCSettlement.ca.

8. What if I want to opt-out of the Settlement?

 

Whether or not you choose to participate in the Settlement and make a claim for compensation, you are bound by the Settlement and will not be able to bring an independent lawsuit against GCC (unless you already opted out in 2014). The Action was allowed to proceed by way of class action (“Certified”) in February 2014 and Class Members were provided an opportunity to opt-out of the lawsuit by December 28, 2014.

The deadline to opt-out has expired.

9. Do I have a lawyer in the case?

 

All Class Members were represented by Class Counsel (see below) through the Certification, Settlement and Settlement-approval stages of this lawsuit.

 

You do not need a lawyer to make a claim in the Settlement.  If you choose to retain a lawyer for assistance in making a claim, there may be a cost to you for same.  You can contact Settlement Class Counsel for assistance, or you can elect to use a lawyer of your choice.

 

See below contact information for Settlement Class Counsel:

 

McKenzie Lake Lawyers LLP

Attention: Sabrina Lombardi

Email: gcc@mckenzielake.com

Telephone: 1-800-261-4844

Website: https://www.mckenzielake.com/the-grenville-christian-college-class-proceeding/

10. How will Class Counsel be paid?

 

The Court approved $3,122,187.50 CAD of the Settlement Amount be paid to Class Counsel for their legal fees, taxes, and disbursements.  A 10% levy of the Net Settlement Fund, after deduction of legal fees and expenses will also be paid to the Class Proceedings Fund, which provided financial support to enable the prosecution of the class action lawsuit.

 

If you choose to retain a lawyer to assist you in making a claim in the settlement, there may be a cost to you for same.

11. Where can I get more information on this case?

 

For more information about the Settlement, you may contact the Claims Administrator or Settlement Class Counsel at the information below or consult the executed Settlement Agreement available here.

 

Claims Administrator

 

Epiq Class Action Services Canada Inc.

Attention: GCC Settlement

P.O. Box 507 STN B

Ottawa ON K1P 5P6

Email: info@GCCSettlement.ca

Telephone: 1-877-786-0546

Fax: 1-866-262-0816

 

Settlement Class Counsel

 

McKenzie Lake Lawyers LLP

Attention: Sabrina Lombardi

Email: gcc@mckenzielake.com

Telephone: 1-800-261-4844

Website: https://www.mckenzielake.com/the-grenville-christian-college-class-proceeding/

 

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