An Alberta judge has denied a class action petition filed by a group of men who say they were sexually abused by priest Gordon William Dominey while detained at an Edmonton youth center.
Reverend Gordon William Dominey faced 33 charges in January 2020 related to alleged sexual offenses that allegedly occurred between 1985 and 1989 against 13 former inmates of the Edmonton Youth Development Center , but he died on November 7, 2019, at the age of 67.
Since the priest died, the allegations have not been substantiated in court.
At a hearing in January, plaintiffs sought permission to file a class action lawsuit against the Anglican Diocese of Edmonton and the province for allegedly failing to protect youth from alleged criminal misconduct. pari.
They explain the choice of class action by the lack of financial means required by the services of an attorney.
However, Justice John Henderson of the Alberta Court of Queen’s Bench disagreed. In a decision filed Monday, he based his refusal to issue a class action permit on the reason he believed it would be better for each man to file an individual case for damages, believing that would be the faster route. .
” Continuing through individual actions will allow attorneys to focus on liability issues that immediately affect the individual plaintiff. Individual actions can proceed more quickly and will not be as difficult as class action. “
This may be the end of the road for many of them as they are unable to file an individual complaint.believes Avnish Nanda, the plaintiffs’ attorney.
A blow for the plaintiffs
For the initiator of the 2017 class action attempt, Judge John Henderson’s decision is hard to swallow.
” It is hard to accept. A lot of work, time and effort was put into it. “
At age 50 and living in British Columbia, his identity is protected by a publication ban. He explained that it was not because of money he and the other plaintiffs wanted to take class action, but for the Church and county to recognize their responsibilities and apologize to them.
The diocese and province defended themselves for their part by saying they were not responsible for the actions and deeds of the citizens. They therefore objected to the plaintiffs being allowed to form a group for the purposes of a class action.
A spokesman for the Alberta Justice Department declined to comment on the judge’s decision, citing the possibility of an appeal.
The Anglican bishop of Edmonton also declined to respond to requests from Radio-Canada on this topic.
One of the plaintiffs retained the services of an attorney to file an individual action.
The 51-year-old man from Vancouver said he was determined, despite the death of the main defendant, to hold someone accountable for what he said he went through.
I want my day in court, that way it will endhe says.
Using files from Paige Parsons
Source: Radio-Canada
