PROVISIONAL SETTLEMENT OF EDWARD HORNE

SEXUAL ABUSE CIVIL LITIGATION

Mount Pearl, NFLD - October 11, 2002

In January, 2001 Budden, Morris Law Offices of Mount Pearl, Newfoundland and Labrador commenced a civil action in the Territorial Court of Nunavut on behalf of a group of Inuit men who, as young boys, had attended various schools in eastern Arctic communities and had been sexually abused by their teacher, Edward Horne.  Throughout this litigation, Budden, Morris has been assisted by consulting counsel, Ross & Rubino, LLP, a Margate, New Jersey USA-based law firm with international expertise in this area of law.

The sexual abuse occurred between 1971 and 1985 when Mr. Horne was employed as a teacher for the Government of the Northwest Territories and taught in Sanikiluaq, Iqaluit, Kimmirut, Grise Fiord and Cape Dorset, as well as other locations in the eastern Arctic.  Mr. Horne is presently incarcerated. 

Since the commencement of this legal action Budden, Morris Law Offices have been negotiating with lawyers representing the Governments of Nunavut and the Northwest Territories, attempting to resolve this legal claim without the necessity of a full trial.  Today, Budden, Morris, counsel for these 85 plaintiffs, welcome the announcement of both the Government of the Northwest Territories and Nunavut that they have (subject to the ratification of the Northwest Territories legislature) concluded a settlement of the plaintiffs’ claims.   The provisional settlement reached among the parties amounts to approximately twenty-one point five million dollars ($21,500,000.00) and is believed to be one of the largest single case settlements for sexual abuse of children in Canada’s history. 

One of the significant aspects of the settlement negotiations was that, in advance of the final settlement, the Governments provided significant funds to allow for counseling and treatment for the plaintiffs.  These programs have been operating since June, 2002.

After commencement of the action, counsel for plaintiffs and defendants agreed to use the alternative dispute resolution procedures available under the Nunavut Rules of Court to work toward an expeditious settlement of the litigation.  The Honourable Mr. Justice J.Z. Vertes was appointed as the Case Management Judge and the parties participated in a mini-trial of seven cases in late October of 2001.  Subsequent to the mini-trial, counsel for the plaintiffs, along with counsel for the Governments, undertook over several months and in many venues, the exchange of information relative to an assessment of damages for each individual claim.

The plaintiffs, as well as their counsel, wish to acknowledge the efforts made by the Governments of Nunavut and of the Northwest Territories to resolve these claims without the necessity of prolonged litigation.  Counsel for the plaintiffs specifically wish to thank counsel for the Governments, particularly their former lead counsel, now the Honourable Mr. Justice Earl Johnson of the Territorial Court of Nunavut, Mr. Justice J.Z. Vertes as well as the treating professionals, expert witnesses and all other individuals who committed themselves to making this process work. 

The scourge of childhood sexual abuse can have tragic consequences and repercussions at all levels of society.  This settlement will be a valuable incentive to all adults to closely monitor our most precious resource - our children.

October 11, 2002
Geoffrey E. Budden, B.A. (HONS.), LL.B.
Stuart A. Morris, B.A., LL.B. (C.L.)
BUDDEN, MORRIS
44 Bannister Street
Mount Pearl, Newfoundland
Canada A1N 1W1
(709) 747-0077
(709) 747-0104 Fax

www.buddenmorris.com

Mr. Budden is in Toronto today (Friday) and tomorrow.  He can be reached at (709) 685-1766.

Stephen C. Rubino, Esquire
Edward J. Ross, Esquire
ROSS & RUBINO, LLP
8510 Ventnor Avenue
Margate, New Jersey 08402-2544
USA
(609) 487-9864
(609) 487-8398 Fax

www.rossandrubino.com