Lawsuit: Canada PECCAS UPDATED

“Five former foster children are suing the Prince Edward County Children’s Aid Society (PECCAS) and four former foster parents for $14 million for sexual abuse while in their care.
The civil suits represent $2.8 million for each plaintiff.

Two of the foster patents involved are now in prison for the sexual abuse of children placed in their care and a third convicted predator’s case is before the Ontario Court of Appeal.”

One of the cases that this relates to is the Holm’s case. See our post here. Another case that this lawsuit is related to is described at our post here.

“The claims were filed March 28 by Belleville lawyer John Bonn, on the behalf of the five female plaintiffs, now in their late teens and early 20s.

“PECCAS is responsible in fact and in law for its own negligence … as well as for the negligence and breaches of duty committed by its servants, agents and employees,” states the claim, a copy of which was obtained by QMI Agency.

One statement of claim states “PECCAS caused (the plaintiffs) permanent and extensive injuries and losses” ranging from alcohol and substance abuse to inability to trust, impairment of mental health, nightmares of abuse, suicidal thoughts and suicide attempts.”

None of the allegations in the suit have been proven in court and no defendants have filed statements of defence.

Only initials identify the plaintiffs on the suits filed in a Picton, ON, court, as many of their names were under a publication ban during criminal proceedings.

A publication ban prevents naming a 72-year-old man convicted last summer of abusing two girls, now in their late teens, at his Bloomfield, ON, home.

The girls were ages nine and 10 at the time and the man is appealing his conviction — on two counts each of sexual assault, sexual exploitation and invitation to sexual touching — and nine-year sentence.

He and his wife are identified as John Doe and Jane Doe in the claim.

In relation to the Does, the plaintiffs’ claim blames PECCAS for a series of alleged failures, including failing to investigate the Does upon complaints from both girls and “failure to advise the proper authorities, including the police, of occurrences of abuse” by the plaintiffs.

The other two former foster parents are identified as Walter Joseph Holm, 46, and his wife, Janet Holm, 49.

They pleaded guilty to several charges, including possession of child pornography, sexual assault and invitation to sexual touching and sentenced in November 2011 to four- and three-year prison terms respectively.

Three of the five plaintiffs, now ages 21, 23, and 19, are linked to the Holms.

Judge Geoff Griffin blasted them for turning their home into a “sexual cult” while fostering 25 teenagers over the course of nine years.”

Sex abuse victims sue CAS, foster parents for $14M

[Sun News 4/8/13 by Jason Miller]

REFORM Puzzle Piece

Update: “Three former County foster children have reached out-of-court settlements with the Highland Shores Children’s Aid Society for damages stemming from sexual abuse sustained while they were in the society’s care.

An order dismissing further action against the child welfare agency has been approved by a judge at the Prince Edward County superior court where the lawsuit was filed in April 2013. Court staff confirmed only three of the five cases have been settled to date, leaving two outstanding plaintiffs.

Confidentiality provisions restrict the plaintiffs’ Belleville lawyer, John Bonn, from divulging details on the dollar amount of the compensation dispensed.

“It’s an order of the court dismissing the action on behalf of three of the plaintiffs, as against the children’s aid society,” Bonn said of the settlement. “They have resolved matters to their mutual satisfaction.”

Bonn added “there was no trial in this matter. They can’t talk about the terms of the resolution because there are confidentiality provisions in effect.”

When it was filed in 2013, the civil suits totalled $14 million ($2.8 million per plaintiff).

Each plaintiff initially claimed $350,000 for pain and suffering, in addition to $1 million each for loss of future earnings and another $1 million for punitive damages. They sought $100,000 in future care costs, plus $100,000 for special damages and $250,000 for aggravated damages.

Two outstanding plaintiffs will be addressed shortly, Bonn said.

“We continue to work on those,” he said. “We intend to mediate those.”

The suit directed at the CAS also targets four former foster parents, two are now serving prison terms for sexual abuse of children placed in their care. A third convicted predator’s case is now before the Ontario Court of Appeal.

“Like most of these issues, they’re difficult all the way through and deal with unpleasant issues, but the fact that we’ve been able to reach some form of agreement means that each side is able to live with it at some level,” Bonn said Tuesday.

Bonn filed the claims on behalf of the five female plaintiffs, now in their late teens and early 20s.

“With litigation done, it would bring an end to this piece of their involvement with the CAS,” Bonn said.

All complainants listed claim the Prince Edward County CAS (PECCAS) is liable for the abuse each of them suffered while in the care of PECCAS.

The County society is now part of the newly-amalgamated Highland Shores Children’s Aid Society, which also spans the societies of Hastings and Northumberland counties.

Mark Kartusch, the society’s executive director, was also tight-lipped about the settlement.

“I can’t disclose any of the details,” he said Tuesday. “However, we do hope this helps these youths move forward.”

Kartusch wouldn’t go as far as viewing the settlements as a form of closure for the plaintiffs.

“How does one ever have closure?” he said. “We believe in these young people and their future and want to support them in that.”

Before the 2013 merger, PECCAS was subjected to an extensive government probe which revealed a bevy of damning findings.

The investigation led by the Ministry of Child and Youth Services in Dec. 2011 – following a rash of child sex abuse charges against County foster parents – showed the agency was rife with significant internal conflicts recklessly placing vulnerable children in homes not properly screened and some cases not screened at all for months.

Kartusch said the agency has found better footing since the findings triggered amalgamation.

“I think we’re moving forward but will not forget the past,” he said.

Some concerns linger.

“I’m concerned that this may cause people to lose confidence in fostering or foster families,” he said, adding few bad apples aren’t representative of the whole bunch.

The 2013 statement of claims alleged “PECCAS is responsible, in fact and in law, for its own negligence and breaches of its statutory and fiduciary duties as well as for the negligence and breaches of duty committed by its servants, agents and employees,” states the claim, a copy of which was obtained by The Intelligencer in April 2013.

One statement of claim states, “PECCAS caused (the plaintiffs) permanent and extensive injuries and losses” ranging from alcohol and substance abuse to inability to trust, impairment of mental health, nightmares of abuse, suicidal thoughts and suicide attempts.

“They (plaintiffs) have incurred medical expenses and will continue to require therapy and medical attention,” the 2013 statement of claim adds.

Two of the former foster parents initially targeted in the claim were Walter Joseph Holm, 46, and his wife, Janet Holm, 49.

They pleaded guilty to several charges, including possession of child pornography, sexual assault and invitation to sexual touching and were sentenced in November 2011 to four- and three-year prison terms respectively.

Three of the five plaintiffs, now ages 21, 23, and 19, are linked to the Holms. It’s not known if they were the three of five now concluded.

Justice Geoff Griffin blasted the Holms for turning their home into a “sexual cult” while fostering 25 teenagers over the course of nine years.

The three plaintiffs further implied that PECCAS was “vicariously liable for the actions” of the Holms.”

Three CAS cases settled [Intelligencer 10/21/14 by Jason Miller]