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Deserved Recognition Goes to Battler of Clergy Abuse
I introduced a local lawyer last weekend and awarded him a Courageous Advocacy Award on behalf of the Atlantic Provinces Trial Lawyers Association. His life has intersection with an important piece of our legal history, the battle to obtain compensation in money damages for victims of clergy abuse.
It is my pleasure to introduce Gregory B. Stack and his wife Wanda. Greg Stack has come to public prominence in Newfoundland and Labrador chiefly through his leadership in the litigation against the now notorious Roman Catholic priest, Father Kevin Bennett, in a lengthy litigation which settled only late last year.
Greg told me that his involvement with priest sexual abuse cases goes back to the time of the Mount Cashel scandal, when he and now Premier Danny Williams agreed to assist each other in effective representation of legal claimants and it developed that Greg would handle the priest cases, and Danny would handle the Mount Cashel cases. And that’s what they did.
In the late 1980’s Greg took on several dozen abuse claims primarily arising out of the depredations of the now notorious Father Hickey. By 1997 the Archdiocese of St. John’s decided to settle the priest claims, but this did not include the Father Bennett claims arising out of his activities in the remote rural Archdiocese of St. George’s.
Greg and his clients prevailed after trial in 2002 on liability alone, which was appealed by the hardnosed church authorities. In 2002, the church got lucky – the Court of Appeal for Newfoundland and Labrador divided 2 to 1 on the issue of vicarious liability and the majority resurrected an old line of cases and conferred charitable immunity on the church in respect to the vicarious liability issue. Although direct liability was not disturbed, vicarious liability had implications for insurance coverage and the matter went on leave to appeal to the Supreme Court of Canada. I’ve always thought that the Supreme Court of Canada is a terrific court if you can just get there, and Greg and his clients did, obtaining a judgment in 2004 which firmly overturned the Court of Appeal, stating that the evidence overwhelmingly satisfied the tests set out in previous Supreme Court of Canada jurisprudence. It also awarded costs of the appeal and cross-appeal on a solicitor-client basis, only the second time in memory that this was done.
I’ll just read one paragraph from the Supreme Court decision, which gives the context in which Bennett was able to work his depredations:
The plaintiffs perceived him as a god – quite logically given his centrality in the community and the disparity in lifestyles between himself and his parishioners. As the school principal testified, “it was like having a celebrity in the community that you had to treat properly. There were incidents where I found people believed that the priest could turn you into a goat.” While Bennett had a particularly forceful personality, the root of his power over his victims lay in his role as a priest, conferred by the Bishop. The awe in which Father Bennett was held by the community at large contributed to his ability to control his victims and thus to satisfy a prodigious appetite for constant sexual gratification.
The Bennett case was beset by many intricate and complex legal issues, and as the reversal in the Court of Appeal shows, was fraught with risk. Greg Stack’s clients may have been betrayed by the church, but they have been well and truly represented by Greg Stack, who has delivered access to justice courageously and in the finest traditions of the plaintiff bar. I give you Greg Stack.
St Louis Bankruptcy Blog
What Is An Attorney Only Chapter 13 Bankruptcy Payment Plan?
Date: 09/03/2010Missouri Injury Blog
Everything You Need To Know About Motorcycle Helmets
Date: 09/03/2010Personal Injury Attorney News
What Car Accidents are Costing You
Date: 09/03/2010Personal Injury Attorney News Portal
Pedestrian Injured in Bus Accident
Date: 09/03/2010Pedestrian Injured in Bus Accident is a post from: Personal Injury Attorney News Portal
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Fullerton Car Accident Injures Three
Date: 09/03/2010Fullerton Car Accident Injures Three is a post from: Personal Injury Lawyers News
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Date: 09/03/2010Pedestrian Injured in San Diego Car Accident is a post from: Personal Injury Lawyer Report
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Date: 09/03/2010San Diego Hit-And-Run Collision Injures Pedestrian is a post from: Personal Injury Lawyer Journal
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Woman Injured in San Diego Hit-and-Run Car Accident
Date: 09/03/2010California Injury Blog
Motorcycle Accident Causes Major Injuries
Date: 09/04/2010
A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else's negligence. I pray he recovers quickly and completely from his injuries.
This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury LawyersVirginia Wrongful Death Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
California Personal Injury Blog
Pasadena Hit-and-Run Crash Injures Elderly Pedestrian
Date: 09/03/2010Pasadena Hit-and-Run Crash Injures Elderly Pedestrian is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers
Halifax Personal Injury Blog
Traumatic Brain Injury a "Disease" not an "Event"
Date: 09/02/2010Traumatic Brain Injury Claims
New research published in this months issue of the Journal of Neurotrauma advocates treating traumatic brain injury as a chronic disease process, rather than an isolated event.
As a brain injury lawyer, I wholeheartedly agree with the conclusions reached in the article.
Brain Injury the Beginning of a Process
The authors of the study, Brent E. Masel and Douglas S. DeWitt from the Univesity of Texas Department of Neurology state that:
The purpose of this article is to encourage the classification of traumatic brain injury (TBI) as the beginning of a chronic disease process, rather than an event or final outcome. Head trauma is the beginning of an ongoing, perhaps lifelong, process that impacts multiple organ systems and may be disease causative and accelerative.
The authors review how a brain injury is often the start of a degenerative process that may cause further injury, even death, months or years after the initial trauma. The conclusions reached by the authors no doubt will be supported by brain injury survivors, their family's and those that advocate for survivors.
Chronic traumatic brain injury disease should be reimbursed and managed on a par with all other chronic diseases. Only then will the individuals with this condition get the medical surveillance, support, and treatment they so richly deserve. Only then will brain-injury research receive the funding it requires. Only then will we be able to truly talk about a cure.
Virginia Car Accident Lawyer Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
Halifax Sexual Abuse Claims Blog
Priest Sexual Abuse Class Action Filed in Montreal
Date: 09/02/2010A new class action has been filed in Quebec alleging sexual abuse by priests.
The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.
The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.
I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.
I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.
Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.
Halifax Medical Malpractice Blog
Doctor Sues to Silence Patient
Date: 07/28/2010I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.
Dr. Sues Her Patient
She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.
Gag Orders
Last year I posted about a similar issue Doctors Forcing Patients to Sign Gag Orders .
Catherine's post indicates that some doctors are becoming more aggressive about trying to prevent patients from exercising their right to freedom of expression.
Coming to Canada?
I'm not aware of any similar suits here in Canada, but the online doctor rating sites like Rate MD are a great resource for Canadians. Is it only a matter of time before we start to see doctors suing their own patients?
What do you think? Let me know by posting a comment.
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