Appeal REJECTED!!!!! (Canada - December 2020)

by lssjr 7 Replies latest watchtower child-abuse

  • lssjr
    lssjr

    Translation - these two appeal files relate to the same judgment of the Superior Court, district of Montreal rendered 27 February 2019 and rectified on 11 March 2019, which first rejects the request for a declinatory exception made by the appellant (WTPA) and which grants the request for authorization of a class action against the latter and against the other appellant (WTC), in addition to granting the status of representative to the respondent for the group described below:

    • all persons who are or have been Jehovah's Witnesses and who allege to have been sexually assaulted in Quebec, while they are minors, by a person occupying the role of Elder (the subgroup of sexual assault by the Elders)
    • all persons who are or have been Jehovah's Witnesses and who allege that they were sexually assaulted in Quebec, when they were underage, by a Jehovah's Witness (the subgroup of sexual assault by Jehovah's Witnesses)

    for the reasons of judgment with which Morrisette and Belanger JJ. concurred, the court:

    REJECT appeals

    (Much thanks Larissa Kaput)


  • GrreatTeacher
    GrreatTeacher

    It's nice to see the PDFs.

  • yalbmert99
    yalbmert99

    Thanks!

  • yalbmert99
    yalbmert99

    Canada(Quebec): Pedophilia cover-up class lawsuit in Quebec: the Watchtower won’t appeal to the supreme court of Canada, the class action lawsuit can proceed. January 26, 2021.

  • smiddy3
    smiddy3

    Keep us posted and thanks .

  • lssjr
    lssjr

    The following update has been extracted from Update on Quebec Class Action Lawsuit - GOOD NEWS!! dated January 27, 2021

    In December of 2018, the court heard the case of Lisa Blais asking to represent victims of child sexual abuse within the JW organization in Quebec. She would represent 2 classes of victims : victims of abuse from JW elders and victims of abuse from non-elder JWs. The court certified the class action (in February 2019 IIRC), meaning the trial could go forward as a class action. This essentially meant that if the outcome was in favor of Lisa, all other victims that would come forward and meet the criteria of the aforementioned groups would receive some form of compensation from the JW organization.

    Sometime later (not surprisingly) lawyers representing the JWs appealed the decision and argued that Lisa could not represent victims as she had never been abused by an elder. I believe there were some other details, but that's the essence of it. This appeal was denied in the past 12 months (I can't remember when exactly) [Appeal denied on December 11, 2020].

    This left the JWs with one last option: appealing to the Cour Supérieure du Québec [CSdQ] to get the class action thrown out. Sarah Woods (Lisa's lawyer) said it was unlikely the JW lawyers would succeed at this point before the higher court.

    Lisa told me last night that there will be no appeal to the CSdQ, and the trial will go forward!

    On the one hand, this is huge news, as I believe it is the first ever class action suit against any of the legal organizations of the Jehovah's Witnesses. On the other hand, we have no idea when the trial will take place. Lisa said it would likely not be for another 12 months. No court dates have been set yet.

    By the way, there is also a pan-Canadian lawsuit in the works to mirror this one. The reason why there would be 2 such lawsuits in one country (1 in the province of Quebec and 1 for the rest of the country) is because the courts of Quebec are different and distinct from the rest of Canada. The lawyers for the pan-Canadian suit are waiting to see the results and outcomes of the Quebec suit to proceed. So it's safe to say that there is A LOT riding on this. Keep in mind JWs have been active in Canada (including Quebec) for a very long time. This is not a country where JWs have only been present for a couple decades. Sadly, this means there are a lot of skeletons in the closet.

    Those that have lived in Quebec know that Quebecers (mostly the francophones) have a very long history of Catholic faith. They were once an extremely devout population. Church and state were literally in bed together, especially during the 40s and 50s under PM Maurice Duplessis. But in the 1970s, many Quebecers started to leave religion en masse. And now, many Quebecers are extremely sensitive when it comes to religion. They DON'T like to have religion forced upon them, and stories of sexual abuse by clergy makes their blood boil as they have sadly had to deal with a lot of it. So my prediction is that if the JWs are in the news in Quebec for covering up CSA, Quebecers WILL NOT be lenient or kind with them.

  • Vidiot
    Vidiot

    Aaaaand the WT's loss of tax-exemption up here in the Great White North just inched a little closer (IMO, we've always had more in common with Australia than we do with the USA, anyway.)


    And if the Watchtower opted NOT to appeal to the Canadian SC, you gotta know that it's 'cause their lawyers advised them that their chances of success weren't worth the risk (they'd be pretty piss-poor lawyers if they didn't, after all).

  • yalbmert99
    yalbmert99

    No problem smiddy!

    Thanks all!

Share this

Google+
Pinterest
Reddit