Disadvantages Of Historical Sexual Abuse Class Actions, Part Two

Class actions aim to achieve judicial efficiency, increase access to justice for those with claims that may not have been pursued otherwise and modify the behaviour of those whose actions affect many people. Part one of this series looked at class proceedings in historical sexual assault cases. Part two will examine individual actions for sexual assault.

Contrary to suing as part of a class action, if survivors of historical institutional abuse sue in individual actions with their own lawyer, the damages are much greater and can be in the six-figure range. In several cases, compensation of between $100,000 and $200,000, or more, was awarded at trial (seeD.W. v. Canada (Attorney General) [1999] S.J. No. 742; E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia[2001] B.C.J. No. 2700;T.W.N.A. v. Clarke [2001] B.C.J. No. 1621 and W.R.B. v. Plint[2001] B.C.J. No. 1446). In individual cases, personal injury lawyers often work on