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settlement in
millions
PETER KENNEDY
VANCOUVER From Saturday's Globe and Mail
Published Saturday, Apr. 08, 2006 12:00AM EDT
Last updated Saturday, Jan. 02, 2010 2:25AM EST
allegation was based on the fact that the sea cadets program was set up
under the National Defence Act.
Mr. White alleged that the attorney-general failed to take reasonable
measures in the operation or management of the program to protect the
cadets from conduct of a sexual nature by employees, agents and other
cadets at HMCS Discovery.
Under yesterday's settlement, each of the 35 victims in the class-action suit
is eligible for an average payout of $227,867.
However, what they actually receive will depend on the outcome of
psychological tests to determine the severity of abuse. "Some will get more
and some will get less," said Robert Gibbens, the lawyer retained by the
former cadets. The maximum payout has been set as high as $500,000.
But some victims could receive as little as $30,000 if they elect to take the
money without undergoing a psychological test.
"The settlement avoids protracted and numerous proceedings with no clear
prospect of success," Mr. Justice Austin Cullen of the B.C. Supreme Court
wrote in his decision.
Under the settlement, Judge Cullen said anonymity is afforded the members
[of the class action]and they are no longer obliged to give evidence in court
or be cross-examined on the issue of liability or on the issue of damages.
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