No.  S024338                         

Vancouver Registry

 

IN THE SUPREME COURT OF BRITISH COLUMBIA

 

BETWEEN: 

William Joseph Richard

PLAINTIFF

AND: 

Her Majesty the Queen in Right of the Province

 of British Columbia

DEFENDANT(S)

Brought under the Class Proceedings Act

 

 

STATEMENT OF CLAIM

 

The Parties

 1.             The Plaintiff is unemployed and resides in the Village of Bennett, in the Province of British Columbia.

 2.             The Defendant, her Majesty the Queen in right of the Province of British Columbia (the “Crown”), is named in these proceedings pursuant to the provisions of the Crown Proceedings Act, R.S.B.C. 1996, c. 89 and amendments thereto.

 3.           At all material times the Crown, through and with its agents, servants and employees, owned and was responsible for the operation, funding, and supervision of Woodlands School (“Woodlands”), a residential facility for the care and control of the mentally retarded and persons in need of psychiatric care.

4.           At all material times Woodlands was located in New Westminster, British Columbia and was under the jurisdiction of and operated by the Defendant. 

5.             The Defendant retained and authorized servants, agents, representatives and/or employees to operate the school and/or gave instructions to such servants, agents, representatives and/or employees as to the manner in which the school was to function and operate.

6.             The Plaintiff brings this action on his own behalf and on behalf of all persons who were previously confined to Woodlands and who suffered abuse including, but not limited to, physical, sexual, emotional and psychological abuse and/or who failed to receive a proper education while being confined to Woodlands.  The Plaintiff pleads and will rely upon the Class Proceedings Act, R.S.B.C. 1995 c.21.

The Plaintiff

7.             The Plaintiff was born on March 14, 1958. 

8.             The Plaintiff was confined at Woodlands from 1972 to 1975, from age fourteen until age seventeen. 

9.         During his confinement as a patient at Woodlands the Plaintiff was repeatedly assaulted by a female nurse, health care worker, or staff member who was an agent, servant, or employee of the Crown and who forcibly removed his clothing and fondled his genital areas several times each week during the entire time that he was at Woodlands.  Each time the Plaintiff complained and pleaded for her to leave him alone, her answer was to tell him to “keep your mouth shut” and to not tell anyone.  When he finally reported the assaults to another staff member his complaints were ignored.   

10.       Throughout the entire period that the Plaintiff was confined to Woodlands he was also physically abused through the receipt of continuous beatings, frequently on a daily basis throughout the years that he was there. 

11.       Throughout the entire period that the Plaintiff was confined to Woodlands he was also psychologically and emotionally abused, deprived of proper food and nutrition and was denied access to a proper education appropriate to his needs, skills and abilities. 

Plaintiff’s Injuries 

12.          As a result of the aforesaid sexual and physical assault, intentional infliction of mental suffering, negligence, breaches of duty and breaches of fiduciary duty committed by the crown, its authorized servants, agents, representatives and/or employees, the Plaintiff has suffered and continues to suffer harm and injury including: 

    a)  Physical injury; 

    b)  Mental distress, anguish, and nervous shock; 

    c)  Loss of dignity and self esteem; 

    d)  Humiliation and embarrassment:

    f)  Impairment of relationships with family members;

    g)  Difficulty in forming and maintaining relationships with other persons; 

    h)  Lasting psychological and emotional trauma;

     i)  Continuing fears and anxiety; 

    j)  Forgone career and educational opportunities; 

    k)  Depression;  

    l)  Suicidal thoughts and gestures; 

    m)  Post traumatic stress disorder; 

    n)  Sleeping disorder; 

    o)  Impairment of anger management; 

    p)  Loss of income and loss of ability to earn income in the future; 

13.          As a further result of the wrongful behavior of the Defendant, its authorized servants, agents, representatives, and/or employees as herein aforesaid set out the Plaintiff has incurred and will continue to incur expenses, including the expense of obtaining proper psychiatric and psychological counseling, medication, therapy, rehabilitation and other forms of treatment and care which will be required on both and ongoing and crisis basis. 

Liability of the Defendant 

14.         All of the insulting and oppressive behavior referred to in paragraphs 9, 10 and 11 herein, committed upon the Plaintiff by the Defendant, its authorized servants, agents, representatives, and/or employees, constitute the tort of assault and the tort of intentional infliction of mental suffering, the results of which were or ought to have been foreseeable.  

Duties owed by the Defendant to the Plaintiffs 

15.             By virtue of its jurisdiction over the operation of Woodlands, at all material times the Defendant owed duties to the Plaintiff and to all members of the proposed class which include:

          a)  to adequately, properly and effectively supervise the Woodlands environment and the conduct of its employees and other patients to ensure that no harm would befall Woodlands patients;

          b)  to protect Woodlands patients from any person or thing which would endanger or would be injurious to the health and well being of any patient;

           c)  to use reasonable care in ensuring the safety, well being and protection of Woodlands patients from any person or thing which would endanger or would be injurious to the health or well being of any patient;

          d)  to use reasonable care in ensuring the safety and well being and providing for the best interests of Woodlands patients;

          e)  to provide proper and adequate education and life skill training to Woodlands patients;

           f)  to provide a safe learning environment for Woodlands patients and in particular an environment free from physical, sexual, and/or psychological assault;

          g)  to set or implement standards of conduct for its employees and Woodlands patients to ensure that no employee or Woodlands patient would endanger the health or well being of any patient or any person;

           h)  to provide for the patients a program and system through which abuse would be recognized and reported;

           i)  to educate the patients in the use of a system through which abuse would be recognized and reported;

           j)  on learning of a complaint that a Woodlands patient had been physically, sexually or psychologically abused in the Woodlands environment to pursue the complaint with due diligence;

           k)  on learning of a complaint that a Woodlands student had been physically, sexually or psychologically abused in the school environment, to take any and all reasonable steps to prevent or to put an end to such abuse;

           l)  on learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, to fully report the complaint to the Woodlands patient’s legal guardian with due diligence;

          m)  on learning of a complaint that a Woodlands patient had been physically, sexually or psychologically abused in the school environment, to take any and all reasonable steps to prevent and put an end to such abuse and ensure that the safety and well being of other Woodlands patients was not similarly endangered;

           n)  on learning of a complaint that a Woodlands patient has been physically, sexually or psychologically abused in the school environment, to take any or all reasonable steps to ensure that persons coming into direct contact with the Woodlands patient, including peers, friends and siblings, were not in danger of abuse from the Woodlands students;

          o)  on learning of a complain that a Woodlands patient or former Woodlands patient had abused another person outside of the Woodlands environment, to know that the safety and well being of persons coming in direct contact with the Woodlands patient or Woodlands patients, may be endangered and to take any or all reasonable steps to prevent and to put an end to such abuse;

          p)  on learning of a complaint that an employee or Woodlands patient has engaged in conduct which is contrary to the Criminal Code of Canada, to report such conduct and the particulars thereof to the law enforcement agency which presides in the appropriate jurisdictions;

          q)  on learning of a complain that a Woodlands patient has been abused in the Woodlands environment, to warn other Woodlands patients or their legal guardians of the said complaints, such information or warning to include the nature, severity and extent of the complaint and the material risks and dangers arising from the said complaint;

           r)  on learning of a complaint that a Woodlands patient has been abused in the Woodlands environment, to provide proper and reasonable treatment for its patients, their parents, legal guardians and/or family members;

           s)  on learning of a complaint that a Woodlands patient or former Woodlands patient has abused another person outside of the Woodlands environment, to provide a reasonable intervention and treatment for its patients, former patients, parents, legal guardians, family members, and/or third parties directly affected by such abuse;

           t)  on learning of a complaint that a Woodlands employee or Woodlands patient has engaged in conduct which is contrary to the Criminal Code of Canada, to report or to fully report such conduct to its patients, parents, or legal guardians. 

Fiduciary Duties 

Vicarious Liability 

17.       The Defendant, by virtue of its quasi-parental responsibility for the safety and care of the Woodlands patients, is vicariously liable for the assaults perpetrated on the Woodlands patients by its authorized servants, agents, representatives and/or employees. 

Breach of Contract

18.       The Defendant owed contractual obligations to the legal guardians of the Woodlands patients which included, to care for and protect the Woodlands patients, to provide an appropriate education to the patients, to act in the patients best interests at all material times, and to fully inform the patients legal guardian of any and all factors which could threaten the patients safety or well being, or the safety or well being of others in direct contact with the patient.

The Defendant’s Breaches of Duty

19.       In breach of its duty of care and fiduciary duty, the Defendant failed to operate Woodlands in such a manner as to provide a safe, social and developmental environment for the patients, particulars of which include:

                        a)  Failing to adequately, properly and effectively supervise or direct the Woodlands environment and the conduct of its servants, representatives, agents or employees and patients to ensure that no harm would befall Woodlands patients;

                        b)  Failing to protect Woodlands patients from any person or thing which endangers or is injurious to the health and well being of any Woodlands patient;

                        c)  Failing to use reasonable care in ensuring the safety, well being and protection of Woodlands patients from any person or thing which  would endanger or would be injurious to the health or well being of any Woodlands patient;

                        d)  Failing to use reasonable care in assuring the safety and well being and providing for the best interests of Woodlands patients;

                        e)  Failing to provide proper and adequate education and life skill training to the Woodlands patients;

                        f)  Failing to provide a safe learning environment and in particular an environment free from physical, sexual or psychological assaults;

                       g)  Failing to set or implement standards of conduct for its employees and patients to ensure that no employee or patient injured or endangered the health or well being of any patient or any person;

                        h)  Failing to provide the Woodlands patients a program and system for which abuse would be recognized and reported;

                        i)  Failing to educate the Woodlands patients in the use of a system through which abuse could be recognized and reported;

                        j)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing pursue the complaint with due diligence;

                       k)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to take any or all reasonable steps to prevent or put and end to such abuse;

                        l)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to fully report the complaint to the patients legal guardian with due diligence and failing to take any or adequate steps to prevent of put an end to such abuse;

                        m)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to recognize that the safety and well being of other Woodlands patients and others was endangered and failing to take any and all reasonable steps to put an end to such abuse;

                        n)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to recognize that the safety and well being of persons coming in direct contact with the Woodlands patient may be endangered and failing to take any and all reasonable steps to prevent and put an end to such abuse;

                        o)  On learning of a complaint that a Woodlands patient had abused another person outside of the school, failing to recognized that the safety and well being of persons coming in direct contact with the Woodlands patient or patients may be endangered, and failing to take any and all reasonable steps to prevent or put an end to such abuse;

                        p)  On learning of a complaint that a Woodlands employee or patient has engaged in conduct which is contrary to the Criminal Code of Canada, failing to report such conduct and the particulars thereof to the law enforcement agency which presides in the appropriate jurisdictions;

                        q)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to inform other Woodlands patients, their parents or legal guardians of the said complaint to include the nature, severity and extent of the said complaint and the material risks and dangers arising from the said complaint;

                        r)  On learning of a complaint that a Woodlands patient had been abused in the Woodlands environment, failing to provide proper and reasonable treatment for its patients, their parents, legal guardians and/or family members;

                        s)  On learning of a complaint that a Woodlands patient had abused another person outside of the school environment, to provide proper and reasonable intervention and treatment for its patients, their parents, legal guardians, family members and/or third parties directly affected by such abuse.

            20.       In general, and in breach of its duty of care, fiduciary duty and contractual obligations, the Defendant operated or caused to be operated a residential facility whose patients, including the Plaintiff and all members of the proposed class, were systematically subject to abuse, mistreatment, harassment, stress and isolation from family and community caused or permitted by the Defendant.

            The Defendant’s Misrepresentations 

            21.       The Defendant, its servants, agents, representatives or employees, made negligent, reckless and fraudulent misrepresentations regarding the safety of Woodlands and Woodlands patients, and the standards, quality and scope of the day to day care, medical care and education provided by Woodlands through direct and indirect communications and information with the patients parents or legal guardians and by implication or otherwise. 

            22.       These misrepresentations were made by the Defendant with the intent that the general public, including the Plaintiff and members of the proposed class would rely on them.   

            23.       These misrepresentations were made when the Defendant knew, or ought to have known, of the falsity of the representations or with reckless disregard for the truth, or alternatively were made negligently. 

            24.       The patients were confined to Woodlands in reliance upon the aforesaid misrepresentations and suffered damage as hereinbefore particularized. 

            Aggravated and Punitive Damages 

            25.       The conduct of the Defendant as hereinbefore set out showed reckless disregard for the well being of the public, the Plaintiff and members of the potential class.   The Defendant’s negligence was callous and arrogant and offends the ordinary community standards of moral and decent conduct.  The actions, omissions, or both, of the Defendant involved such want of care as could only have resulted from actual conscious indifference to the rights, safety or welfare of the Plaintiff and all other members of the proposed class and the Plaintiff on his own behalf and on behalf of all proposed class members hereby claims for aggravated and punitive damages.

                        WHEREFORE the Plaintiff claims on his own behalf and on behalf of members of the proposed class as follows: 

            (a)  General damages; 

            (b)  Aggravated Damages;

            (c)  Punitive Damages;

            (d)  Special Damages;

            (e)  Compensation for breach of fiduciary duty;

            (f)   Costs;

            (g)  Interest pursuant to the Court Order Interest Act, and

            (h)  Such further and other relief as to this Honourable Court may seem just. 

                        DATED at the City of North Vancouver, in the Province of British Columbia this                day of                       , 2002. 

                        PLACE OF TRIAL:  Vancouver, British Columbia

                                                                                                                                                                                                                                                       JAMES M. POYNER,

                                                                                    Solicitor for the Plaintiff