London Catholic diocese to appeal judge's sex abuse ruling

The London Catholic Diocese says it will appeal a judge's ruling allowing a civil sexual abuse lawsuit against it to be re-opened.

Eighteen years ago, Irene Deschenes settled a civil suit against the diocese for abuse she suffered at the hands of Father CharlesSylvestre.

• Judge grants sex abuse survivor's bid to re-open settlement in civil case against Catholic church

She was abused by the priest between 1970 and 1973 while she was a young girl and astudent at St. Ursula Catholic School and parishioner of Sylvestre'sparish in Chatham,Ont.

While extremely rare, Justice David Astonruled ThursdayDeschenes could re-open the suit given there was historic information that came to light after she settled her case.

It turns out the diocese was told about allegations of the priest's sexual misconduct back in 1962 when three 11-year old girls gave statements to Sarnia police.

The judge wrote that the reports were misfiled in old accounting records and not found until 2006, just months after Sylvestrewas sentenced.

"The plaintiff would not have settled as she did in the fall of 2000 if they had known about the 1962 police reports," the judge wrote in his Nov. 27decision.

Statement from diocese

The diocese released a brief statement by email Friday saying it would appeal the judge's decision to set aside the settlement it had signed withDeschenesin 2000.

"We respect the Judge's decision but with respect to him, we disagree with his interpretation of the law," wrote diocese spokesperson Nelson Couto.

Sylvestrepleaded guilty in August 2006 to the sexual assaults of 47 victims, all girls under the age of 18. The abuse happenedbetween 1952 and1986. Sylvestre died in prison in 2007.

Descheneshad settled with the diocesefor $100,000.