MONTREAL, June 7, 2019 /CNW Telbec/ - "The Supreme Court of Canada's ruling will facilitate access to justice for thousands of victims of sexual abuse," said Me Robert Kugler of the law firm Kugler Kandestin, one of the law firms representing the victims in the Supreme Court of Canada, along with the law firms of Me Alain Arsenault and Me Gilles Gareau.
The Supreme Court of Canada's decision resolves a controversy arising from an amendment to the Civil Code of Quebec in 2013 regarding the delays for abuse victims to institute lawsuits to recover damages. The Court resolved the controversy in favour of victims, rejecting the contention that numerous religious orders facing lawsuits have raised to the effect that victims automatically forfeit their right to seek damages against anyone three years after the death of their abuser. "The Supreme Court has sent a clear message to people who were abused decades ago that they are able and encouraged to seek justice from the Courts for the terrible harms they have suffered," Kugler added.
"The highest Court of Canada has facilitated access to justice for victims. It is now time for the government to do its part, and to keep its promise to retroactively abolish prescription completely for lawsuits instituted by victims of abuse, as has been done by governments elsewhere in Canada", added Me Alain Arsenault.
The decision (L'Oratoire Saint‑Joseph du Mont‑Royal v. J.J.) confirms the Quebec Court of Appeal's decision to authorize a class action on behalf of victims of sexual abuse.
SOURCE Kugler Kandestin
For further information: Me Robert Kugler, Me Pierre Boivin, Me Olivera Pajani, Kugler Kandestin LLP, 1 Place Ville Marie, suite 1170, Montreal (Quebec) H3B 2A7, Canada, Phone: 514-878-2861, Toll-free: 1-844-999-2861, Fax: 514-875-8424, Email: [email protected], [email protected], [email protected]; Me Alain Arsenault, Arsenault Dufresne Wee Avocats s.e.n.c.r.l., 2328, Ontario East Street, Montreal, (Quebec) H2K 1W1, Canada, Phone: 514-527-8903, Fax: 514-527-1410, Email: [email protected]; Me Gilles Gareau, 9855, Meilleur Street, suite 201, Phone: 438-476-3440, Fax: 514-620-5993, Email: [email protected]