Congratulations, Vicki! In the United States, the legal fees are usually paid by the losing party. Please let us know if that is not the case in Canada.
Nina
LANDMARK DECISION - Vicki Boer vs Watchtower Society
by Uzzah 144 Replies latest watchtower child-abuse
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Shutterbug
To win 5000 and be compelled to pay out 100,000 makes this a rather expensive victory. I can't help but believe that Vicki's lawyer knew the risks going into this and perhaps knows something the rest of us don't know, hopefully that the WTS will pay this tab. Congratulations vicki. Bug
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needs_lots
yes, it does seem like alot. I just finished reading the judges decision a few minutes ago. Iam not feeling very good about it now. She completely believes the elders when they said they would never make a person apply matt 18 for a child abuse case,(they did), she believed them when they said there was never a face to face confrontation at the judical commettee with me and my father (there definitly was!!!!!), and she said I was obviously too distressed at the time to remember. Iam hoping to get a copy of the decision and post it tonight. So stay tuned........I will send it asap. I also heard from a news report that the elders have sent out a news release saying they have been vindicated from the charges, and that the judge had made an errror on a point of law, and that their lawyers would be dealing with it shortly. Does this mean appeal? The 2 elders may have gotten away with it, but the wt society was charged with negligence. This makes me want to fight the battle to the end.(my husband is worried). Too many children have been put through these judicial meetings for them to get off this easy!!!! THis battle is not over until this fat lady sings!!!!!!!!! Help.......I need everyones help on this. Its a battle we have to fight together. Anyone know any ex-jw millionairs that have some extra cash to help the cause!
If we win this one, it will lead the way for others who are fighting. Not sure if my hubby can keep fighting.
vic
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needs_lots
Here is a link to a story I just found.
http://www.canoe.ca/NationalTicker/CANOE-wire.Jehovah-Lawsuit.html
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kgfreeperson
I cannot begin to imagine how difficult this must be. Sending you best wishes in a hard time.
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czarofmischief
The law in the us is that the lawyer can only claim legal fees as a percentage (usually 1/3 but up to 2/3) of the award. Canada seems more civilized, and they naturally want to keep civil awards down because their medical system is socialized (malpractice suits in the US are insane), but it seems only reasonable that they wouldn't demand legal fees from someone with no money. If she did owe a fantastic sum, then she could declare bankruptcy in the United States...
CZAR
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Scully
Here is the text of the news item from the link that Vicki posted:
Monday, Jun. 30, 2003
June 30, 2003 Judge awards woman $5K in civil suit against Jehovah's Witnesses TORONTO (CP) -- A woman who accused the Canadian wing of the Jehovah's Witnesses of negligence over their handling of allegations of sexual abuse has received $5,000 in damages, an award she calls a "bittersweet" conclusion to the case.
"The penalty was very little and that was very, very upsetting for us," Vicki Boer said Monday from her home in Fredericton. Boer, 32, said it is "really, really important" that the court recognized her suffering and that "there was a penalty they had to pay."
Boer, who says she suffered sexual assaults between ages 11 and 14, sought $700,000 from the Watch Tower Bible and Tract Society of Canada and three of its elders in a 1998 civil suit that claimed they were negligent and breached their duty.
No criminal charges were ever laid in the assault allegations but Justice Anne Molloy's written civil judgment says "there is no material dispute as to the general background leading up to ... this matter" and "the plaintiff was sexually assaulted by her father."
In the civil suit, Boer claimed that rather than immediately notify the Children's Aid Society, elders told her not to seek outside help or report the alleged abuse. She also said they made her confront her father to allow him to repent his sins in accordance with biblical principles, outlined in Matthew 18:15-18.
Boer said the confrontation was traumatizing and led to a rocky path in her adult life, which included a nervous breakdown and being ostracized by family, friends and people in her southern Ontario community of Shelburne, about 100 kilometres northwest of Toronto.
But Molloy ruled that while Boer was certainly put through a traumatic experience, the church was ultimately not responsible for all of her pain and suffering.
"That one session, while traumatic, played only a minor role in creating the situation in which (Boer) now finds herself," Molloy wrote in her decision.
Molloy cleared the three elders of wrongdoing, but ruled that the church pay Boer $5,000 because one of its elders -- who was not named in the suit -- talked her into the confrontation with her father, which was an inaccurate application of their faith.
"Putting a dollar figure on psychological harm is always a nearly impossible task, and one which is inherently arbitrary," she wrote.
Molloy added that she considered the typical range of damages issued to victims of severe childhood incest and physical assault -- around $75,000 to $150,000.
Molloy ruled the church never told Boer not to seek medical help, nor was she told the alleged abuse should not have been reported.
Watch Tower, the Canadian wing of the church, said the group was happy the three elders were exonerated.
"The elders and their families are glad to be able to put this behind them," spokesman Clive Thomas said in a release.
While victims of sexual abuse normally aren't identified in public, Boer agreed to allow her name to be publicized as part of her effort to promote what she has alleged was abuse within the confines of the church's congregations.
As part of their beliefs in a strict interpretation of Bible teachings, Jehovah's Witnesses reject anything political or "worldly" that distracts from their focus on Christ and the second coming, which they consider imminent.
Anyone who runs afoul of the religion's strictest tenets find themselves excommunicated, often to such an extent that they're shunned by even family.
When Boer left the faith and married outside the religion, she lost contact with her mother. Even as her mother was dying in hospital of cancer, she was not allowed to visit and never was not able to reconcile with her before she passed away, the judge noted.
But Boer said she was still happy she took on the five-year fight, now that other people have come forward with allegations of abuse.
"There were so many children coming out of the woodwork saying, 'The same thing happened to me,'" she said.
Still, she said she can't put the past entirely behind her, because she was waiting to find out if the judgment will include payment for her court fees, well in excess of $5,000.
"Hopefully this doesn't bankrupt us, which is what I'm terrified of. It's the one big thing that we're panicking about right now," she said. "I just don't want my own family suffering because of something the church did to me."Love, Scully
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needs_lots
My friend couldnt send me the verdict by email. so looks like I won't be able to send it yet. HAWK!!!!!!!!!!
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wednesday
vicky,
i read that article in the paper, and i think we shoudl all write that judge and protest. She is really punishing u , b/c u will likely end up bankrupt form the legal fees. Is your lawyer going to appeal? I hope so, u need a different judge. Does this woman have ice water running in her veins?
I feel very distressed by the ruling, and also by calf. recent ruling that let all those catholic priests out of jail.
weds
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neverthere
Dear Vicki,
Hi there again, I know that you have been super busy and I saw your posts on here and wanted to respond where you might get around to seeing them, I know you have been too tied up to read emails and respond to them very much.
Let me know if you are going to appeal. I will testify if it will help. I remember EVERYTHING that you told me, including what your dad said after the confrontation, what your aunt knew, what everyone was trying so hard to "keep quiet". I know that I wasn't there the first time around but as you know I didn't know it was you until the very end.
Diana
