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Raikes was an experienced class action lawyer and Indian residential-schools claims pioneer. The diocese was represented by Bruce MacIntosh, a tough-as-nails litigator and partner in the New Glasgow, N.S., firm MacIntosh MacDonnell and MacDonald, better known as Mac Mac & Mac. He hired as co-counsel highly regarded litigator Ward Branch of Branch MacMaster in Vancouver, author of the widely respected textbook Class Actions in Canada. The four lawyers sat down, along with Martin, for what turned into six months of hard-fought negotia- tions. Yet from the start it was clear to McKiggan that something had changed; gone was the diocese's deter- mination to fight off any sex abuse claims, replaced by a co-operative willingness to accept its proper liabili- ties. "When we started negotiations, I got the feeling that there was a legitimate desire to try to do the right thing, to try to find a way to help survivors of sexual abuse receive validation and compensation in a way that wouldn't victimize them again," says McKiggan. "Based on what I've been told by counsel, the motivation and the drive behind this was Bishop Lahey for sure." MacIntosh declined to be interviewed on the matter, but in an e-mail to Canadian Lawyer said the nego- tiations, focused as they were on sex abuse survivors, required him to rethink the famously combative strategy he normally employs as a litigator. He calls it a profes- sional awakening, for which he is grateful. "Class actions by definition involve difficult trade-offs and compromise. It is a learning process that took a conventional litigator like me a fair bit of intellectual retooling to understand and accept," he said. "This type of emotionally charged abuse litigation, that literally deals with the future lives of survivors, and their ability to move forward and heal, was more challenging than most conventional class action suits. Rarely do class action lawsuits embrace psy- chological insight and bipartisan courage to break from comfortable, defensive patterns. The trade-offs required by both sides at the table were often as painful as they were creative. "I admit to some professional pride in having been Class Actions in Canada Ward Branch Everything you need to successfully initiate, defend or manage a class action lawsuit Cited with approval by the Supreme Court of Canada in the leading class action decision (2001), 205 D.L.R. (4th) 19, [2001] 3 S.C.R. 158 Class Actions in Canada helps you gain the unique skill of successful class action advocacy. This important work provides examples and direction through analysis of hundreds of class action cases litigated across Canada, as well as a comprehensive bibliography of class action articles. This well-organized, easy-to-read text features: • • • • • • practical direction and commentary by an expert in class action litigation guidelines for drafting appropriate class action pleadings expert guidance on the effective use of class actions in different legal areas analysis of case law regarding current topics detailed Canada-wide coverage; including the full text of all class action legislation and local rules from across the country analysis of all significant case law in Canada (including Quebec) and the United States Looseleaf & binders (2) • $289 • Releases invoiced separately (2-3/yr) P/C 0378030000 • ISSN 1206-2375 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. Branch_class actions (CL 1-3sq).indd 1 30 JANU AR Y 2010 www. C ANADIAN Law ye rmag.com CL0110 associated with this unprecedented approach to the psychologically sensitive and financially achievable valida- tion of claims of institutional sexual abuse." Money was the biggest stum- bling block. There was also ten- sion between Martin's desire for a fast, streamlined process for validating claims, versus the diocese's interest in making sure compensation would be paid in fair amounts, and only to survivors with legitimate claims. Both sides were also aware that if the class action failed, the diocese would face dozens of individual lawsuits over the coming years. That outcome could not only bank- rupt the diocese, putting an end to its good works in par- ishes throughout an economi- cally poor region of Canada, it would also deny compensa- tion to survivors whose claims didn't make it into court before the church ran out of money. In August 2009 a settle- ment was reached. The church agreed to offer up $12 million 12/11/09 1:11:51 PM H ollick v. Toronto (City)