The British Columbia Supreme Court approved a $30 million partial settlement in a class-action lawsuit filed by former students who reported abuse at two Metro Vancouver schools connected to the Mount Cashel orphanage scandal.
Settlement resolves claims against Catholic archdiocese, two schools
The agreement covers three defendants: the Roman Catholic Archbishop of Vancouver, Vancouver College, and St. Thomas More Collegiate. The lawsuit, certified in 2023, claimed that Christian Brothers—some previously tied to abuse at the Mount Cashel orphanage in Newfoundland—were moved to the Vancouver schools in the late 1970s and early 1980s, where they harmed students.
Four of the six transferred Brothers were convicted of crimes related to the Mount Cashel abuse, which surfaced in the 1990s. The plaintiffs argued that senior Brothers in leadership roles at the Vancouver schools and linked to the archdiocese knew about the abuse at Mount Cashel yet arranged the transfers.
The February settlement addresses claims against the three defendants but excludes the Christian Brothers of Ireland in Canada, who are still part of the case. The funds will be allocated to class members through a private, trauma-sensitive process.
Court weighs risks of rejecting the deal
The BC Supreme Court approved the settlement agreement as fair, reasonable, and in the class members’ best interests. Without it, survivors would have faced a protracted trial, potential insurance disputes, and the risk of recovering far less than the $30 million offered.
Insurers might have denied coverage if the trial revealed that senior Brothers hid information about the Mount Cashel abuse before relocating offenders to Vancouver. Even with a favorable verdict, collecting damages from the defendants’ assets could have been slow and uncertain.
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The agreement provides survivors an alternative to testifying in court. The claims process is designed to be confidential and tailored to each individual, giving them greater say in how their experiences are shared. Such control is uncommon in litigation, particularly when the alternative is a drawn-out legal fight with no assured result.
The court also approved a 29 percent contingency fee for the plaintiffs’ lawyers at CFM Lawyers, recognizing their efforts in building the case and negotiating the deal. The firm maintained that the settlement was the best option given the risks of going to trial.
Twelve survivors allowed to opt out
Though the opt-out deadline had passed, the court allowed 12 former students to leave the class action and file individual lawsuits. The decision considered the settlement’s release terms, which the court acknowledged could unfairly restrict their legal choices in ways they couldn’t have predicted before the deadline.
Survivors of severe abuse often benefit from managing their own cases. The delay in their opt-out requests didn’t harm the defendants, and the plaintiffs’ legal team supported the move despite the potential impact on the settlement.
The case illustrates the complications of such lawsuits, especially when insurance and institutional responsibility are involved. Legal action against the Christian Brothers continues. While the court’s approval doesn’t resolve all allegations, it may provide some closure for survivors who have waited decades.
