The Judge tells what she believed happened in that meeting based on the evidence and testimony of all involved:
90] There is some divergence between the evidence of Vicki Boer and the evidence of Messrs Cairns and Brown as to how the meeting proceeded from there. I have already ruled that I do not accept Ms. Boer?s evidence that the elders told her not to seek medical assistance and not to report the abuse to the authorities. These were important points about which she was certain in her own mind. Her memory on those was inaccurate. I am therefore very reluctant to rely on her evidence as to other details of the meeting where her evidence conflicts with that of Mr. Cairns and Mr. Brown.
91 Although Ms Boer may have perceived the meeting as a confrontation and while I am certain that it felt that way to her, I find that it did not actually proceed that way. Mr. Palmer opened by confessing some of what he had done. I accept the elders? description of the way Mr. Palmer conducted himself, that he was openly upset, stammering, tearful, and ashamed. Like them I was struck by the similarity of their descriptions and the evidence given by Scott Boer of how Mr. Palmer appeared on the much later occassion when he discussed it with him. I also accept the elders? description of Vicki Boer as being very upset and weeping but nevertheless able to give a coherent account of what happened. At times she added to or corrected details of Mr. Palmer?s account. The elders asked her questions so they could determine the extent and nature of the abuse. Ms. Boer admitted under cross examination she did not complain to Mr. Cairns and Mr. Brown that she did not want to be there and never asked or attempted to leave.
[92] It is difficult to see what Mr. Cairns and Mr. Brown could have done differently. They were sympathetic to the plaintiff. She understood they believed her story. They knew it was Ms. Boer who had started the process. They played no role in causing her to be there and were unaware of any ambivalence on her part. They had no reason to believe that she felt she was under any compunction to be there, nor were they aware that this session had anything to do with Matthew 18. It was reasonable, and indeed appropriate in the circumstances for them to ensure that the plaintiff?s voice was heard and that they not rely solely on Mr. Palmer?s version of the events.
[93] That said, I accept Ms. Boers? evidence that this was a traumatic experience for her. She was young and vulnerable and had not yet dealt with any of the complex issues arising from being the victim of childhood sexual abuse. Further, because of the sheltered religious environment in which she had been raised she did not feel she had any choice but to follow the process directed by the Jehovah?s Witness elders whom she had spoken to in Toronto. That process was psychologically harmful to her, the extent of which I will deal with later in these reasons. Although Mr. Cairns and Mr. Brown cannot be faulted in this regard, the fact remains that Ms. Boer participated in this whole process because of the direction she recieved from Mr. Longworth and Watch Tower, and she did suffer some injurty as a result.