Opt out of the Christian Brothers class action by Nov. 28, 2024

An important deadline affecting former students of Vancouver College and St. Thomas More Collegiate from 1976-2013 who experienced physical, psychological, or sexual abuse is coming up in November 2024.

Who is represented in the class?

A class-action lawsuit consisting of members as described above has announced an opt-out deadline of Nov. 28, 2024. Whether you choose to opt out will affect your legal rights and any future ability to start your own lawsuit. 

All people are automatically “opted in” to the class action unless they take steps to pursue the formal opt-out procedure. 

If you were a student at either of the two schools and were abused during the periods noted above by a former Christian Brother, then you are automatically a part of the class action whether you know about it or not.

If you do not opt out, you are automatically counted as part of the plaintiff class. This means that whatever the outcome of the class action, it applies to you. You will not be able to start your own individual legal action against the defendants. 

If you opt out, you retain the right to file a legal claim and seek justice in your own name and on your terms. Even if you do not yet feel ready to pursue such a claim, opting out will allow you to do so in the future when you feel ready.

Who are the defendants?

The defendants in the class-action suit consist of former teachers alleged to have abused students as well as organizations alleged to have failed to properly protect students from abuse. The organizations are Vancouver College Ltd., St. Thomas More Collegiate Ltd., and the Roman Catholic Archbishop of Vancouver. One individual, Gerard Gabriel McHugh, a senior Christian Brother who oversaw the teachers before and while they worked at Vancouver College and St. Thomas More, is also alleged not to have properly protected students. The Christian Brothers are a lay fraternal Roman Catholic organization that is notable for operating orphanages and schools in many countries, including Canada and the United Kingdom. 

How do I opt out?

To be accepted, the opt-out form must be completed and sent (whether by post or email) by Nov. 28, 2024. You can download the opt-out form online. The completed form can be sent to christianbrothersclassaction@cfmlawyers.ca. If being mailed, address the opt-out form (which must be postmarked by Nov. 28, 2024) to:

CFM Lawyers LLP

Suite 400-856 Homer St.

Vancouver, B.C.

V6B 2W5

Attn: Laura Jones or Andrew Johnson   

What is the lawsuit based on?

For further context, the class-action lawsuit against was certified (allowed to proceed) by B.C. Supreme Court Justice Simon R. Coval in March 2023.  

The lawsuit alleges that teachers abused students at Vancouver College and St. Thomas More Collegiate. Before their time in British Columbia, the teachers worked at the notorious Mount Cashel orphanage for boys in St. John’s, N.L. 

Run by the Christian Brothers in Canada, Mount Cashel was shut down in 1990 after decades of sexual abuse allegations. (Christian Brothers in Canada became insolvent by 1996 and was later wound up as an incorporated organization so its assets could pay for abuse victim claims. A Newfoundland police investigation of sexual assault at Mount Cashel in 1975 turned up accusations of sexual and physical abuse from boys there against Christian Brothers. A number of the Christian Brothers were criminally convicted. 

Six Christian Brothers were later transferred to work at the schools in Vancouver. Dozens of former Vancouver College and St. Thomas More students have since submitted abuse allegations.      

Preszler pushes for victim’s intervener status

One of Preszler Injury Lawyers’ clients was granted intervener status so that he could share his perspective as an interested party, namely an abuse survivor who might wish to pursue an individual claim and not suffer unintended negative consequences because of the class action. 

With the assistance of our lawyers Joseph Fearon and Russ Howe, the Supreme Court permitted Mr. Drescher to attend the trial as an intervener. To the firm’s knowledge, this was the first time an individual was allowed to do so, underlining the particular value of his perspective and testimony.

Reasons to opt out, in a survivor’s words

Mr. Drescher argued that he and fellow abuse survivors are negatively affected by the class action if they fail to opt out and become part of the class by default. Mr. Howe supported these arguments by sharing his experience serving as a lawyer to sexual abuse plaintiffs. He explained that survivors of childhood abuse commonly fail to opt out of class proceedings because they are unready to come forward until their 50s or even later, while others may not learn of the opt-out deadline in time, sometimes due to conditions related to their past abuse, such as homelessness or substance abuse. 

As Justice Coval summarized, “Further potential prejudice arises for those who do not opt out and then eventually face a specified deadline to come forward and prove individual causation and damages. Without the class action process, they would face no such limitation period for their claims alleging childhood sexual abuse.”

“Mr. Howe’s evidence is that, for survivors, controlling litigation can be beneficial as a form of gaining control over what occurred to them. Thus, losing control of it to class proceedings in these ways can be harmful.”

Notably, there is no statute of limitations on sexual abuse-related torts. However, the terms of class-action lawsuits remove survivors’ right to hold those who caused them harm accountable by bringing their own claim if they do not observe the opt-out period.   

In addition, in our experience, survivors who receive compensation through a class action generally receive less (often much less) than if they pursued their own claim individually. A settlement for a large group may be unfair to members within that group.

What happens next?

A trial on common issues (that is, issues affecting the claimants as a group) is scheduled to begin on Oct. 14, 2025. Assuming that the court makes a judgment against any of the defendants at that trial, it will set procedures for how to determine individual claims.

For people who opt out, they can pursue their own claim on their own timeline rather than following the set timeline for the class action, which can mean either a quicker settlement or could even mean waiting years until they are ready to bring their own claim. 

Contact Preszler Injury Lawyers if you have suffered sexual abuse

Our lawyers are experienced at representing sexual abuse survivors and are ready to help you navigate the justice system. If you have any questions about institutional sexual abuse claims, contact us online or call us at 1-844-373-8202 to set up a free consultation today. We can advise you of your rights and potential legal options.