Deadline Approaches for Ralph Rowe Class Action Settlement Claims
There are two tiers to the claim: the simplified process (through which a survivor may be awarded up to $120,000) and the enhanced harms and effects claim (through which a survivor may be eligible for up to an additional $210,000). The maximum that a survivor may be awarded is $350,000, combining the highest level of both the simplified and enhanced claims.
Below is intended as a brief overview of the process. More details regarding the claim process can be found here.
Eligibility
The settlement only includes victims of Ralph Rowe that were abused between 1975 and 1987 in the Diocese of Keewatin, and the parents of victims. They must also have not previously settled or otherwise released claims against the Diocese of Keewatin and Scouts Canada or opted out of the lawsuit. More details regarding class eligibility can be found here.
Simplified Process
To make a claim under the simplified process, a survivor must meet the above eligibility criteria and fall within one of the four categories of sexual assault listed in the settlement. Each level carries a different possible compensation amount. Additional details regarding the categories of assault can be found here.
A survivor under the simplified process can provide optional supporting documents, such as records indicating involvement with the Diocese of Keewatin or Scouts Canada, medical records pertaining to the injury caused by the assault, and counselling records. However, such records are not required for the simplified process.
Harms and Effects Claim
The harms and effects claim includes two parts: Part A and Part B. Part A includes: A1) significant and lasting physical or psychological injury, A2) employment difficulties and A3) suicide attempts, substance abuse, periods of homelessness, and/or incarceration. Part B includes: B1) significant and lasting physical or psychological harm (including severe mental disorder requiring hospitalization) and B2) periods of unemployment exceeding three years. There is significant overlap between Parts A and B, but the main difference appears to be that Part B targets more serious issues than Part A.
Supporting Documentation
In order to make a harms and effects claim, supporting documents are mandatory. It is noteworthy, however, that the documents do not need to be provided at the time of submitting the claim form as long as efforts are underway to secure and provide the necessary supporting documents. If you are unsure of what kinds of documents may be required, the Ralph Rowe Settlement team will review each claim, along with the supporting documents, to determine what documents, if any, are missing.
The following is a list of documents that are likely to be required for a harms and effects claim:
- Records confirming involvement with a parish of the Diocese of Keewatin and/or Scouts Canada;
- Medical records relating to the lasting physical or psychological harm sustained as a result of the assault if making a claim under Part A1 and/or B1;
- Records relating to any counselling which are related to or discussed the assault;
- Records supporting a period of unemployment, employment instability, or underemployment if making a claim under Part A2 and/or B2; and
- If making a claim under any of the sections under A3:
- Additional medical or psychological records relating to any suicide attempts and/or substance abuse;
- Records supporting a period of homelessness (such as your Community Service File); and
- Criminal and/or incarceration records.
Cross-Examination
The harms and effects claim more closely resembles a formal court proceeding than the simplified process. Specifically, a survivor seeking enhanced compensation under the harms and effects section may have to undergo both a formal examination for discovery and a hearing in which the survivor will again be questioned by a lawyer representing the Diocese of Keewatin and/or Scouts Canada. In both instances, the survivor is entitled to have a lawyer present to support them through the examination process.
Survivors that choose to forgo a harms and effects claim do not have to undergo such questioning.
Edwards Bell Jewitt LLP can help you answer questions you may have, or connect you to the Class Action lawyers. Give us a call to discuss at 807-344-1112.
Alternatively, you can reach out directly to the Class Action lawyers (Koskie Minsky LLP) at 1-888-353-6661 and ralphroweclassaction@kmlaw.ca.
Written by Austin Love