Abuse at Vancouver College and St. Thomas More Collegiate

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Table of Contents

On March 8, 2023, a class action was certified by the Supreme Court of British Columbia regarding abuse of students at Vancouver College between 1976-2013 and at St. Thomas More Collegiate between 1976-1989. Darren Liptrot is approved as the representative Plaintiff.

Camp Fiorante Matthews Mogerman LLP (“CFM”) has been approved as class counsel. CFM issued a Court-approved notice that will provide information regarding the lawsuit, including how class members can opt out of the class action if they wish to do so, as well as the deadline for making that decision. The notice can be found here.

The opt-out period has not started yet and will be set by the Court.

Although class members will have until the opt-out deadline to decide whether they want to participate in the class action, it is important to know that all survivors of abuse are automatically included in the class as Plaintiffs unless they decide to opt out.

In other words, unless you have decided that you want to bring forward your sexual or physical abuse claim as a part of the class action, you should take steps to preserve your rights.

Consider Your Options

It is important to understand your rights and your options so that you can decide which route is best for you.

Depending on your circumstances, there are benefits to being a part of a class action. However, certain compromises may also need to be made in litigating as part of a group (i.e., a “class”). For example:

Although every case is different, in our experience, the amount of compensation available to survivors through a class action can be significantly less than the amount of compensation that, in our view, can be reasonably expected to be paid through the mediation of an individual claim or through successful claims in an individual action.
Survivors who do not opt out from class actions are barred from bringing individual claims for compensation later. This is significant because sexual assault survivors who opt out have no limitation period and can bring their claims forward whenever they feel ready to do so.
If a survivor does not opt out of the class action, then they are not entitled to pursue their own lawsuit, even if the class action does not result in the availability of individual compensation that they believe is fair or even if they do not know the class action exists.
Individual class members have less control over decisions about the lawsuit than they would if they pursued a claim on their own because they are not their lawyer’s only client and because the lawyers for the class are primarily instructed by the representative Plaintiff.
Class action lawsuits can take years before a resolution is reached, whereas civil claims may be resolved on a much faster timeline.
Class members cannot appeal class action settlements, even if they oppose a settlement that they view as unfair to them.
Class members who do not opt out and do not come forward in time to participate in the class action’s distribution of compensation may end up getting nothing at all. This is true even if they did not know that the class action exists until it is too late.

If you attended Vancouver College and St. Thomas More Collegiate and suffered abuse as a student, you may have another option. You may be able to hire a law firm to pursue an individual claim on your behalf.

Preszler Injury Lawyers litigate individual actions, including claims relating to abuse perpetrated against minors. We offer these services through contingency-fee agreements at no up-front cost to our clients.

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Tell Us About Your Case

For more than 60 years, Preszler Injury Lawyers has been helping people across British Columbia pursue the compensation they deserve for their institutional abuse claims. As one of the country’s longest-standing personal injury law firms, our practice is devoted entirely to injury law and helping accident victims–it’s all we do.

Schedule a free consultation today to speak with our award-winning personal injury lawyers and find out if you have a case. Our legal team is available 24 hours a day, 7 days a week to take your call.

1-844-373-8202

Book Your Free Initial Consultation with Preszler Injury Lawyers

Preszler Injury Lawyers offer a free, no-commitment consultation to people who are considering making claims for personal injuries they have suffered.

Although the court has appointed CFM as counsel for the class in the class action regarding Vancouver College and St. Thomas More College, we would be happy to provide you with information regarding our services to help you decide which path is best for you.

Class members always have a right to obtain independent legal advice about their options. If you are considering opting out of the class action to pursue your own claim, you are welcome to contact us for a confidential, no-commitment initial call.

Preszler Injury Lawyers take on sexual assault claims through a contingency model. There are no upfront costs to clients, and no fees unless we win your case.

Our firm is already pursuing claims on behalf of survivors of sexual assault who will be opting out of the Liptrot class action. We are willing to be retained by other class members who prefer to start their own claims instead of being a class member. Contact Preszler Injury Lawyers today for a free initial consultation.

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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their institutional abuse claims.

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Case Results

institutional abuse Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some institutional abuse related wins we’ve had for our clients.

Judgment

Abuse

$4,823,558

A minor endured years of sexual abuse, which had a long-term effect on his mental health and ability to earn income as an adult.

institutional abuse FAQs

Here are some commonly asked questions for institutional abuse claims

Can I start a civil action if criminal charges have already been laid against my perpetrator?

Yes, you can start a civil claim if charges have been laid, if the defendant was already found guilty, and even if the defendant was found not guilty in a criminal trial.

What is achieved through a civil action for sexual abuse and how does it differ from what can be achieved through a criminal trial?

A criminal trial focuses on proving that the defendant was guilty of sexual assault. If so, they may be punished through the criminal justice system. The Crown prosecutor retains full control of the entire proceeding.

A civil sexual assault case involves negotiating fair compensation for survivors. We generally also seek written letters of apology from the institution. We want our clients to be in control of the process with our guidance.

How long do I have to start a civil action against my abuser?

There is no limitation. A claim may be started anytime.

If I obtain compensation from my perpetrator – what would that amount possibly look like?

We seek compensation for the pain and suffering caused by the assault. This includes impacts on physical and mental health, sleep, ability to relate to people and have relationships in a healthy way, and all other ways that our clients’ lives have been negatively impacted.

We seek compensation for all lost income. Sexual assault almost always impacts someone’s ability to work in some way. Some survivors may find it impossible to work at all. Some may be unable to pursue job promotions, experience a loss of confidence in the workplace, or have trouble finishing school, college, vocational training, etc. For clients who were abused as children, we often look at all the income they have earned throughout their lives and compare it to what they would have earned if the assault had never happened. This can be a very large number.

We can seek compensation for all past out-of-pocket expenses, such as expenses for treatment. We seek compensation for any future treatment needs, such as counselling, housekeeping, and medication. When appropriate, we can also seek punitive damages against the institution for allowing the assault to take place, not reporting the assault, or taking steps to hide that the assault took place.

Can I sue if sexual abuse happened to a loved one of mine?

If a member of your immediate family was the victim of sexual abuse and lost their life as a result, you may be entitled to pursue a claim against the perpetrator. To learn more, schedule a free initial consultation with our sexual abuse lawyers.

I never submitted a police report. How can I prove this happened?

In our experience, it is very common for survivors of sexual assault to not report their assault to the police, especially if the assault happened when they were a child. We routinely take on cases where our clients have never reported their assault to the police.

The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.

To support our client’s case, we also do research into the relevant institution and defendant to find out if there are other survivors who have come forward with similar stories. Usually, there are. We also work with doctors when appropriate to help explain how the assault impacted our client’s life, which further supports and explains our client’s case.

No survivor of sexual assault should worry about not having enough evidence to come forward. Our firm is experienced in proving and settling sexual assault claims even when the assault happened many decades ago and all potential documents have been long destroyed.

I’m worried I stayed quiet for too long. Is it too late?

It is never too late to report or seek compensation for a sexual assault. There is no statute of limitations for a sexual assault lawsuit. For example, we are often retained by people in their 60s, 70s, and even 80s who were assaulted as children.

The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.

The person at fault is still alive (and maybe even involved in the organization). Do I have to face them?

No. In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.

The only time a survivor might see the defendant in person is at trial. It is very rare for a civil sexual assault case to go to trial. If it does, our clients have the option to settle without attending the trial.