[Note from Sylvia: The following is the text of the redacted Statement of Claim filed against the Diocese of London Ontario and the American Province of the Society of African Missions regarding sex abuse allegations against Father Thomas C. O'Flaherty. ]
____________________________________
Court File No. [Redacted]
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
[Redacted]
Plaintiff
-and-
THE ROMAN CATHOLIC EPISCOPAL CORPORATION
OF THE DIOCESE OF LONDON
and THE AMERICAN PROVINCE OF THE SOCIETY OF
AFRICAN MISSIONS
Defendants
STATEMENT OF CLAIM
TO THE DEFENDANTS:
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING,you or an Ontario lawyer acting for you must prepare a Statement of Defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiff’s lawyer or, where the Plaintiff does not have a lawyer, serve it on the Plaintiff, and file it,with proof of service, in this court office, WITHIN TWENTY DAYS after this Statement of Claim is served on you, if you are served in Ontario.
If you are served in another province or territory of Canada or in the United States of America, the period for service and filing your Statement of Defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.
Instead of serving and filing a Statement of Defence, you may serve and file a Notice of Intent to Defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your Statement of Defence.
2
IF YOU FAIL TO DEFEND THIS PROCEEDING,JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.
Date: [Redacted]
Issued by [Redacted]
Registrar,
Ontario Superior Court of Justice
Ground Floor, Unit“A”
Court House
80 Dundas Street,
LONDON, ON N6A 6A3
TO: The Roman Catholic Episcopal Corporation of the Diocese of London in Ontario
1070 Waterloo Street
LONDON,ON N6A 3Y2
AND TO: The Society of African Missions, American Province
23 Bliss Avenue
TENAFLY, New Jersey, 07670
CLAIM
The Plaintiff Claims:
1. The plaintiff, [Redacted] claims damages as follows:
a) non-pecuniary damages for pain and suffering in the amount of $300,000.00;
b) past and future pecuniary damages estimated in the amount of $1,000,000.00;
c) special damages in the amount of$100,000.00;
d) damages for emotional and mental distress in the amount of$50,000.00;
e) aggravated damages in the amount of$50,000.00;
f) punitive and exemplary damages in the amount of$500,000.00;
g) pre-judgment and post-judgment interest on the above-noted amounts pursuant to the terms and provisions of the Courts of Justice Act, R.S.O. 1990, c.C.43, as amended;
h) his costs of this action on asubstantial indemnity basis;
i) an Order validating service exjuris pursuant to Rule17.02(g) and 17.02 (h) of the Ontario Rules of Civil Procedure, in that the tort was committed in Ontario and damages sustained in Ontario, and in the alternative, if deemed necessary, leave for validation of service ex juris; and
j) such further and other relief as to this Honourable Court may seem to be just.
Parties:
2. The plaintiff, [Redacted] (the “Plaintiff”), was born on [Redacted]
[Redacted] and presently resides in the City of [Redacted] in the Province of [Redacted]
3. The Plaintiff was at all material times a member of the Roman Catholic Church through the Roman Catholic Episcopal Corporation of The Diocese of London (the ”Diocese”). Specifically, the Plaintiff was a member of Andrew The Apostle Parish.
4. The perpetrator, Father Thomas C. O’Flaherty (O’Flaherty”), is deceased and was during all material times a priest of the Roman Catholic Church and was employed by the Diocese. He was also for part of the material time a priest of the American Province of the Society of African Missions (the “Order”). O’Flaherty was also for the majority of the material time a parish priest at St. Michael’s parish (the “Church”). As a parish priest O’Flaherty had a duty of care to the Plaintiff.
5. The Diocese is a diocese of the Roman Catholic Church charged with the administration of parishes of the Roman Catholic Church within their geographical jurisdiction. The Diocese’ head office is located in the City of London, in the Province of Ontario.
6. The Diocese, during all material times, had the following purpose and responsibility:
(a) the establishment and maintenance of a uniform set of rules and principles which collectively define the ideology of the Roman Catholic religion;
(b) the establishment of churches and schools to teach and inculcate these rules and principles in their members; and
(c) the recruitment, selection and training of priests to carry out their purposes.
7. The Diocese had a duty of care to its parishioners, like the Plaintiff, owing to the close proximity of its priests to the lives of the parishioners as well as the level of trust and faith which the parishioners and others extended to the Diocese, its priests and employees. O’Flaherty also owed a duty of care to the Plaintiff.
8. The Order is a subcomponent known as a province of a Roman Catholic Religious Order which is a men’s religious community of priests and lay missionaries who minister primarily in African nations and to people of African descent in the United States .. The Order’s operations are based out of the City of Tenafly, New Jersey in the United States.
9. The Order had a duty of care to parishioners its priest would come into contact with it the pursuant of their ministry or pastoral duties, including the Plaintiff.
The Actions of O’Flaherty:
10. O’Flaherty was originally ordained to the priesthood in 1948 by the Order and later was incardinated to the Diocese in the late 1970′s in following their recruitment, selection and training of him. He was immediately posted to parish work within the Diocese and was during all material times a priest of the Roman Catholic Church and was employed by the Diocese.
11. In or about 1976, the Plaintiff met O’Flaherty who was a local priest known to him and his family.
12. O’Flaherty engaged in activities with the Plaintiff in his capacity as a priest, counselling him in religion, Catholic education and other matters. His activities included providing spiritual guidance, hearing confessions and conducting Mass.
13. Through his position as a priest and representative of the Diocese and/or the Order, O’Flaherty was to the Plaintiff the ultimate ecclesiastical authority.
14. O’Flaherty used his position as a priest of the Diocese and/or the Order, which was a position of authority and trust, to develop a close personal relationship with the Plaintiff when he was young. The relationships that O’Flaherty developed with the Plaintiff, under the guise of a priest-parishioner relationship, allowed O’Flaherty an opportunity to be alone with the Plaintiff and to exert total control over him, prey upon him and sexually abuse him.
15. Commencing in or about 1976, when the Plaintiff, was approximately [Redacted] years of age, and on many occasions over the following 5 years, O’Flaherty repeatedly sexually abused, assaulted and molested the Plaintiff, exposed him to prurient sexual behaviour. The particulars of same include, but are not limited to the following:
(a) hugged and kissed the Plaintiff;
(b) fondled the clothed body of the Plaintiff, including but not limited to his penis, scrotum and buttocks;
(c) fondled the naked body of the Plaintiff, including but not limited to his penis, scrotum and buttocks;
(d) exposed his naked body to the Plaintiff;
(e) bathed with the Plaintiff;
(f) masturbated the Plaintiff;
(g) directed the Plaintiff to fondle the naked body of O’Flaherty including but not limited to his penis, scrotum and buttocks;
(h) directed the Plaintiff to masturbate O’Flaherty;
(i) engaged in oral sex with the Plaintiff;
(j) directed the Plaintiff to provide oral sex to O’Flaherty;
(k) sodomized the Plaintiff anally with his penis;
(L) took pictures of the Plaintiff naked;
(m) engaged in other sexual activities with the Plaintiff;
(n) in order to facilitate the abuses O’Flaherty engaged in a pattern of behaviour which was intended to make the Plaintiff feel that he was special in the eyes of O’Flaherty, the Church and God; and
(0) in order to facilitate the abuses O’Flaherty also engaged in a pattern of behaviour which was intended to make the Plaintiff feel that his soul was in jeopardy;
16. The aforementioned behaviours occurred on premises, which were owned or controlled by the Diocese, primarily the rectory at the Church and later at a chapel on the grounds of what is present day London Health Sciences Centre Victoria Campus. Some assaults also took place in hotel rooms.
17. The aforementioned behaviour occurred on a regular and repeated basis, increasing in frequency, nature and intensity as it progressed.
18. All of the aforementioned behaviours were related to priest/parishioner activities.
19. Throughout the period of time that the aforementioned behaviour was occurring, O’Flaherty used his position of authority and trust, as well as the dependency relationship that he had fostered with the Plaintiff, to ensure that the Plaintiff did not tell anyone about the behaviours in which they had engaged in. O’Flaherty continued to minister to the Plaintiff during this time, which included acting as a mentor/counsellor while the Plaintiff was in temporary foster care.
20. O’Flaherty’s behaviour constituted sexual abuse and assault. It was also a breach of the duty of care that he owed to the Plaintiff in that, inter alia, he did wilfully and/or negligently inflict pain and suffering, mental suffering, humiliation and degradation upon the Plaintiff, assaulted the Plaintiff and interfered with his normal upbringing and childhood solely for the purpose of his own gratification. O’Flaherty also breached the fiduciary duty which he owed to the Plaintiff.
The Actions of the Diocese:
21. The Diocese taught the Plaintiff as well as other members of the Catholic Church the following:
(a) that the Roman Catholic Church is the one true religion and is the representation of God’s true teachings on earth;
(b) that the authority of the Roman Catholic Church is supreme;
(c) that by following the rules, principles and ideologies of the Roman Catholic Church one will gain the right to go to Heaven and that by failing to follow same one will not go to heaven and will go to Hell;
(d) that parents must bring their children up in the ways of the Roman Catholic Church and that children must attend at Catholic schools so that they can be educated with respect to the ways of the Church;
(e) that you must go to church at least once a week and attend Catholic schools where the rules, principles and ideologies of the Roman Catholic Church and religion are taught;
(f) that the rule of God is supreme and that to disobey the rule of God is a mortal sin which will cause one to go to Hell;
(g) that God’s representation on earth and the teaching of God are done through priests;
(h) that priests are the chosen representatives on earth of God and have special powers; and
(i) that priests are to be viewed with special reverence, power, respect, honour and authority.
22. The Diocese employed O’Flaherty to carry out the purposes and teachings referred to above in dealing with the Plaintiff. They provided a/Flaherty with the opportunity and means to come into contact with the Plaintiff. They fostered a relationship between O’Flaherty and the Plaintiff. They provided O’Flaherty with a position of respect and trust which the Plaintiff was bound by the rules set out above to follow and honour. They provided a/Flaherty with control of the Church and related rectory which further added to his position of power and respect.
23. The Plaintiff pleads that, at all material times, O’Flaherty was acting in the course of his duties as a priest of the Roman Catholic Church and the Diocese and was using the aforementioned rules, principles and ideologies to further his attempts to manipulate the Plaintiff and engage in deviant activities.
24. The Plaintiff pleads that the aforementioned rules, principals and ideologies of the Diocese created an opportunity for O’Flaherty to exert power and authority over the Plaintiff. This power and authority allowed O’Flaherty to engage in the aforementioned behaviour and to continue to engage in same without resistance or question of the Plaintiff for many years without risk of getting caught, and thereby put the Plaintiff at risk of being abused by O’Flaherty.
25. The Plaintiff pleads that O’Flaherty was, as a result of his position with the Diocese which allowed him to use the premises owned by the Diocese where the aforementioned behaviours and activities occurred, and to gain access to the Plaintiff, affording him an opportunity to foster a trusting relationship with the Plaintiff and engage in the aforementioned behaviours for a considerable period oftime without the risk of getting caught and thereby put the Plaintiff at risk of being abused by O’Flaherty.
26. As a result, the Diocese is vicariously responsible and liable for the actions of O’Flaherty.
27. The Plaintiff pleads that the Diocese was negligent and failed in its duty to the Plaintiff, the particulars of which are set out below:
(a) it failed to recognize that a certain percentage of the priests would become sexually deviant and would make sexual advances to children and young people;
(b) it failed to instruct priests in training and ordained priests about the possibilities of becoming sexually deviant and/or making advances to children and young people;
(c) it failed to properly investigate O’Flaherty’s background, character and psychological state prior to accepting him into the Diocese;
(d) it failed to follow it’s own internal policies in allowing O’Flaherty to practice in the Diocese and/or incardinating him to the Diocese;
(e) it failed to warn O’Flaherty’s immediate supervisors, parishioners, students and others who may come into contact with O’Flaherty of his difficulties previously within the Order;
(f) it failed to educate members of the Roman Catholic Church about the possibilities of such deviant behaviours;
(g) it failed to have any, or a proper, system of self-reporting, other reporting or counselling in place for priests who engage in such behaviour;
(h) it fostered a system, based on the rules, principles and ideologies of the church, in which deviant sexual practices were bound to develop among a percentage of the priests;
(i) it fostered a system, based on the rules, principles and ideologies of the church, in particular, the rule that priests have absolute authority, whereby the reporting of such deviant sexual behaviour of a priest by its members would be considered to be ”wrong”;
(j) it denied the existence, or alternatively was wilfully blind to the existence of the behaviours described herein;
(k) it implemented and maintained a system which was designed to cover-up the existence of such behaviour if such behaviour was ever reported;
(l) it failed to protect the Plaintiff from O’Flaherty when it knew or ought to have known that he was vulnerable to the attentions and influence of O’Flaherty:
(m) it failed to properly supervise, control and give guidance to their employee O’Flaherty:
(n) it failed to screen and/or monitor the character, sexual orientation and sexual activity of O’Flaherty;
(0) it failed to warn the Plaintiff and others of the propensities of O’Flaherty;
(p) it failed to remove O’Flaherty from his duties upon learning of the allegations of sexual and other inappropriate conduct thereby leaving the Plaintiff exposed to O’Flaherty and his actions without protection;
(q) it failed to protect the Plaintiff;
(r) it failed to take steps to investigate the activities of O’Flaherty once it was fully aware of his shortcomings in an effort to locate and assist any victims; and
(s) it failed to identify, counsel and assist the Plaintiff once it knew of O’Flaherty’s prior behaviour.
28. In addition to, and in the alternative to, the above the Plaintiff pleads that the Diocese knew that O’Flaherty had the propensity to engage in such deviant behaviours and that he was, in fact, engaging in such deviant behaviour because of the following:
(a) O’Flaherty’s difficulties as a seminarian;
(b) O’Flaherty’s difficulties with alcohol;
(c) O’Flaherty’s difficulties with his sexuality;
(d) O’Flaherty’s difficulties with his physical, mental or psychological health which effected his abilities as a priest;
(e) O’Flaherty’s difficulties prior to coming to the Diocese;
(f) The concerns of other clergy, parishioners, students and others;
(g) the frequency with which the Plaintiff and other children and young people were involved with O’Flaherty;
(h) the unusual interest that O’Flaherty took in young people and children, particularly the Plaintiff;
(i) the duration of time in which the Plaintiff, other children and young people spent regular time alone with O’Flaherty:
(j) the fact that parents and others from previous parish postings had complained about his actions with young people;
(k) the fact that he had been reported to Diocesan officials or officials of other dioceses for sexual misconduct in previous postings;
(I) the fact that he had been sent for a retreat as a result of allegations of misconduct while at a parish;
(m) the fact that he had been previously had difficulties with sexual misconduct while in the Order; and
(n) the fact that O’Flaherty would have, in accordance with the rules of the Roman Catholic Church, confessed about these deviant sexual behaviours (i.e. sins) from time to time to one or more of the other priests.
29. Despite their knowledge of same, the Diocese took no steps to stop the behaviour or to protect the Plaintiff and, instead, took steps to attempt to cover up the behaviour.
30. In the alternative, if the Diocese did not have direct knowledge of the aforementioned behaviours, the Plaintiff pleads that the Diocese ought to have known about same because of the circumstances, as detailed above.
31. If the Diocese did not know of the aforementioned behaviour, it was because of the existence of its own rules, principles and ideologies which allowed O’Flaherty to conceal his activities and cover up his deviant behaviour.
32. The Plaintiff pleads that the Diocese owed a special duty to the Plaintiff by virtue of its relationship with him to identify the Plaintiff and counsel and render assistance to the Plaintiff once they became aware of the behaviour of O’Flaherty. Furthermore, they should have sought out O’Flaherty victims upon later learning of his misconduct.
33. The Diocese knew or ought to have known that O’Flaherty had engaged in deviant behaviour while ministering and failed to investigate such. In failing to investigate and identify any past failings of O’Flaherty they also failed to identify any victims who may have been in need of counselling, assistance and support because of the actions of O’Flaherty. Such assistance would be necessary in order to minimize the consequences of O’Flaherty’s actions and the affect of same on the Plaintiff. They have failed, to this day, to investigate the extent of O’Flaherty’s past behaviour and have failed to render any assistance to the Plaintiff, contrary to their own internal policies and the policies of the Canadian Catholic Conference of Bishops.
34. The Plaintiff states that the relationship between him, the Diocese and O’Flaherty commenced when the Plaintiff was a child, as such, the defendants owed to the Plaintiff a high duty/standard of care and, in particular, a duty to protect him from harm by its employees (Le. priests) and specifically sexual abuse.
35. The Plaintiff says that the Diocese, for the aforementioned reasons, failed in its duty of care to him and was thereby negligent. The Diocese has also breached its fiduciary duty to the Plaintiff.
The Actions of the Order
36. The Order, in partnership with the Diocese, engaged in the teachings referred to in paragraph 21, above.
37. The Order employed O’Flaherty and other members of the Order to carry out the purposes and teachings referred to above in dealing with the Plaintiff. It provided O’Flaherty with the opportunity and means to come into contact with the Plaintiff. It fostered a relationship between O’Flaherty and the Plaintiff. It provided O’Flaherty with a position of respect and trust which the Plaintiff was bound by the rules set out above to follow and honour. It provided O’Flaherty with a residence at the Church which further added to his position of power and respect.
38. The Plaintiff pleads that/ at all material times, O’Flaherty was acting in the course of his duties as a priest of the Roman Catholic Church, the Diocese and the Order, and was using the aforementioned rules, principles and ideologies to further his attempts to manipulate the Plaintiff and engage in deviant activities.
39. The Plaintiff pleads that the aforementioned rules, principals and ideologies of the Order, created an opportunity for O’Flaherty to exert power and authority over the Plaintiff. This power and authority allowed O’Flaherty to engage in the aforementioned behaviour and to continue to engage in same without resistance or question of the Plaintiff without risk of getting caught and thereby put the Plaintiff at risk of being abused by O’Flaherty.
40. The Plaintiff pleads that O’Flaherty was, as a result of his position with the Order, allowed to use the premises owned and/or controlled by that defendant Diocese where the aforementioned behaviours and activities occurred and to gain access to the Plaintiff affording him an opportunity to foster a trusting relationship with the Plaintiff and engage in the aforementioned behaviours without the risk of getting caught and thereby put the Plaintiff at risk of being abused by O’Flaherty.
41. As a result, the Order is vicariously responsible and liable for the actions of O/Flaherty.
42. The Plaintiff pleads that the Order was negligent and failed in its duty to the Plaintiff, the particulars of which are set out below:
(a) it failed to recognize that a certain percentage of priests would become sexually deviant and would make sexual advances to young persons;
(b) it failed to instruct priests in training and ordained priests about the possibilities of becoming sexually deviant and/or making advances to young persons;
(c) it failed to properly investigate O’Flaherty’s background, character and psychological state prior to allowing him to be a priest of the Order;
(d) it failed to document, discipline, or expel O’Flaherty for his shortcomings as a seminarian;
(e) it failed to follow its own internal policies in ordaining O’Flaherty to the priesthood and/or allowing him to work within the Order;
(f) it failed to warn O’Flaherty ‘s immediate supervisors, parishioners and others who may come into contact with O’Flaherty of his prior difficulties as both a seminarian and a priest;
(g) it failed to educate members of the Roman Catholic Church about the possibilities of such deviant behaviours;
(h) it failed to have any, or a proper, system of self-reporting, other reporting or counselling in place for priests who engage in such behaviour;
(i) it fostered a system, based on the rules, principles and ideologies of the church, in which deviant sexual practices were bound to develop among a percentage of the priests;
(j) it fostered a system, based on the rules, principles and ideologies of the church, in particular, the rule that priests have absolute authority, whereby the reporting of such deviant sexual behaviour of a priest by its members would be considered to be “wrong”;
(k) it denied the existence, or alternatively were wilfully blind to the existence of the behaviours described herein;
(I) it implemented and maintained a system which was designed to cover-up the existence of such behaviour if such behaviour was ever reported;
(m) it failed to protect the Plaintiff from O’Flaherty when it knew or ought to have known that they were vulnerable to the attentions and influence of O’Flaherty:
(n) it failed to properly supervise, control and give guidance to its employee, O’Flaherty:
(0) it failed to screen and/or monitor the character, sexual orientation and sexual activity of the defendant, O’Flaherty:
(p) it failed to warn the Plaintiff, the Diocese and others of the propensities of O’Flaherty:
(q) it failed to remove O’Flaherty from his duties upon learning of the allegations of sexual and inappropriate conduct thereby leaving the Plaintiff exposed to O’Flaherty and his actions without protection;
(r) it failed to protect the Plaintiff;
(s) it failed to take steps to investigate the activities of O’Flaherty once it was fully aware of his shortcomings in an effort to locate and assist any victims; and
(t) it failed to identify/counsel and assist the Plaintiff once it knew of these behaviours.
43. In addition to and in the alternative to the above, the Plaintiff pleads that the Order knew that O’Flaherty had the propensity to engage in such deviant behaviours and that he was, in fact, engaging in such deviant behaviour because of the following:
(a) O’Flaherty’s difficulties as a seminarian;
(b) O’Flaherty’s difficulties with his sexuality;
(c) The state of O’Flaherty’s emotional, psychological and physical health;
(d) The concerns of other clergy, parishioners and others;
(e) The concerns and reports of misconduct by O’Flaherty from parishes and assignments prior to the material time, including those outside Canada;
(f) The frequency with which the Plaintiff and other young persons were involved with O’Flaherty:
(g) The unusual interest that O’Flaherty took in adolescent males, particularly the Plaintiff;
(h) the frequency with which the Plaintiff and other adolescent males were at the churches and rectories where O’Flaherty worked and resided;
(i) the frequency of activities and outings in which O’Flaherty would be alone with adolescent males;
(j) the duration of time and the number of years in which the Plaintiff and other adolescent males spent regular time alone with O’Flaherty; and
(k) the fact that O’Flaherty would have, in accordance with the rules of the Roman Catholic Church, confessed about these deviant sexual behaviours (i.e. sins) from time to time to one or more of the other priests.
44. Despite its knowledge of same, the Order took no steps to stop the behaviour or to protect the Plaintiff.
45. In the alternative, if the Order did not have direct knowledge of the aforementioned behaviours, the Plaintiff pleads that the Order ought to have known about same because of the circumstances, as detailed above, surrounding the acts.
46. If the Order did not know of the aforementioned behaviour, it was because of the existence of its own rules, principles and ideologies which allowed O’Flaherty to conceal his activities and cover up his deviant behaviour.
47. The Plaintiff pleads that the Order owed a special duty to the Plaintiff by virtue of its relationship with them to identify, counsel and render assistance tothe Plaintiff once it became aware of the behaviour of O’Flaherty.
48. The Order knew or ought to have known that the Plaintiff was in need of counselling, assistance and support because of the actions of O’Flaherty, and that such assistance would be necessary in order to minimize the consequences of O’Flaherty’s actions and the effect of the same on the Plaintiff. It has failed to this day to investigate the extent and severity of the abuse and has failed to render any assistance to the Plaintiff.
49. The Plaintiff state that the relationship between them and the Order and O’Flaherty, commenced when the Plaintiff was a young person, as such, the defendant owed to the Plaintiff a high duty/standard of care and, in particular, a duty to protect them from harm by its employees (i.e. priests) and specifically sexual abuse.
50. The Plaintiff says that the Order for the aforementioned reasons failed in their duty of care to them and were, thereby, negligent.
Damages:
51. The Plaintiff states, and the fact is, that as a direct result of the behaviour of the defendants he has suffered damages and losses the particulars of which are as follows:
(a) physical pain;
(b) mental anguish;
(c) nervous shock/ humiliation/ degradation;
(d) shame/ guilt/ low self-esteem and feelings of worthlessness; (e) depression;
(f) loss of enjoyment of faith;
(g) loss of religious life/beliefs;
(h) impairment of his opportunity to experience a normal childhood/adolescence and adulthood;
(i) impairment of his ability and opportunity to obtain and complete an education appropriate to his abilities/aptitude;
(j) impairment of his ability to earn an income and support himself and time off work due to emotional trauma;
(k) impairment of his physical health/ mental health and emotional well being; and
(I) a loss of enjoyment of life.
52. The Plaintiff has suffered and will continue to suffer physical/ emotional and mental pain and suffering and a loss of enjoyment of life. The Plaintiff was deprived of a normal healthy childhood and adolescence as a result of the actions or in-actions of the defendants. The life of the Plaintiff was fundamentally and forever changed by the above-noted behaviour.
53. The Plaintiff was so profoundly negatively affected by these behaviours and activities that he spent many of the formative years of his life struggling to deal with the physical, mental, psychological and emotional sequelae of these events. The Plaintiff has suffered the following:
(a) impaired performance in education and employment;
(b) inability to develop and engage in normal human relations, including trust issues and severe difficulty in establishing relationships of intimacy;
(c) the questioning of sexual identity, sexual dysfunction, sexual abstinence, impotence and other sexual problems;
(d) suicidal ideation and suicidal thoughts;
(e) drug and alcohol abuse and addiction; (f) anger problems;
(g) symptoms of post-traumatic stress disorder; (h) mistrust of authority figures;
(i) hyper-vigilance;
(j) feelings of self worthlessness, inadequacy and hopelessness; (k) anxiety, and panic;
(I) sleep disturbance, including nightmares and “flashbacks”; (m) depression; and
(n) a propensity to engage in reckless and careless behaviour.
54. The Plaintiff has suffered a tremendous loss of enjoyment of life and ongoing pain and suffering. His ability to carry in a normal life has been extinguished or impaired.
55. The Plaintiff has suffered physical, mental, psychological and emotional stress, shock and suffering which will continue forever.
56. The Plaintiff has been required to undergo medical treatment and psychological counselling and will continue to require same indefinitely throughout his lifetime.
57. The Plaintiff has sustained out-of-pocket expenses, the particulars of which will be provided prior to the trial of the within action.
58. The Plaintiff has suffered and will continue to suffer economic losses, including, past income loss, future and ongoing income loss, and various other out-of-pocket expenses, the particulars of which will be provided.
59. The Plaintiff pleads that the conduct of O’Flaherty described herein was harsh, high-handed, and malicious and, as such, should be punished with aggravated and/or punitive damages, for which the Diocese is vicariously liable.
60. The Plaintiff further pleads that the conduct of the Diocese and/or the Order described herein was harsh, high-handed, and malicious and, as such, should be punished with aggravated and/or punitive damages, including but not limited to:
(a) failing to appropriately react to reports of O’Flaherty’s sexual misconduct and instead transferring him to new postings where further unsuspecting victims awaited;
(b) consciously and deliberately suppressing information concerning his sexual misconduct in an effort to protect the reputation of the Diocese and the Order over the safety of children; and
(c) promoting a culture of secrecy with respect to the sexual misconduct of clergy which was intended to benefit the Diocese and the Order rather then stop the misconduct or assist the victims.
61. The Plaintiff has only recently been able to face these effects and still to this day has not fully realized the extent of his victimization. The Plaintiff became sufficiently capable of appreciating the impact of O’Flaherty’s actions in early 2011. The Plaintiff relies upon the discoverability rule and the doctrine of fraudulent concealment. The parties were in a special relationship with each other, and given that relationship the defendant’s abovementioned actions amount to an unconscionable thing and the effect of the defendant’s conduct has given rise to a concealment of the cause of action.
62. The Plaintiff claims, in the alternative to damages, compensation for the above losses.
63. The Plaintiff relies on the Criminal Code of Canada, R.S.C. 1985, c. C-46, the Negligence Act, R.S.O. 1990, c. N.1, as amended, the Victims Bill of Rights, 1995, S.O. 1995, c.6, and the Limitations Act 2002, S.O. 2002, c.24 Schedule B, the Occupiers’ Liability Act, R.S.O. 1990, c. 0.2, and any predecessor legislation.
64. The Plaintiff also relies upon the 1917 Code of Canon law and the 1983 Code of Canon Law and related canonical and papal pronouncements as the internal policies and procedures of the Diocese.
65. The Plaintiff proposes that this action be tried in the City of London in the Province of Ontario.
Date of Issue: [Redacted]
R.P.M. TALACH (LSUC# 45130J)
Ledroit Beckett Litigation Lawyers
630 Richmond Street
LONDON, ON N6A 3G6
Tel: (519) 673-4994
Fax: (519) 432-1660
Solicitors for the Plaintiff