Ex-cadet's lawsuit against federal attorney general settled

A former Saint John air cadet's lawsuit against the federal government over sexual abuse he suffered in the 1980shas been settled out of court.

Details about the settlement between the former cadet, known only asRJM, and the attorney general of Canada are confidential, including financial damages to be paid.

As is typical in out-of-court settlements, there is no formal acceptance of responsibility.

RJM, who is now in his 40s, was suing for unspecified financial damages for being sexually abused by Lt. Edward O'Leary, who served as an adult officer with the 527 Simonds Squadron Air Cadets in the 1980s.

O'Leary was convicted in 1989 for "touching for a sexual purpose three persons over whom he was in a position of trust or authority and sexually assaulting one unnamed young person."

Court records indicateO'Learyenticed cadets to come to his home to hang out, play Dungeons and Dragons andto sometimes stay overnight.

RJM, who was 16 years old at the time of the abuse, had alleged negligence by the attorney general for inadequate screening and supervision of O'Leary.

A second lawsuit involving another former Saint John cadet is still making its way through the courts in Nova Scotia, according to Halifax-basedlawyer Ali Raja, whois representing both men.

A trial is scheduled for December, but Raja says the settlementmay indicate a willingness on the part of the federal government to resolve the outstanding case as well.

The settlement with RJM comes after a failed attempt by lawyers for the attorney general's office to have the case dismissed.

They had argued in the Court of Queen's Bench that the assaults did not occur during "cadet time," but rather after hours at O'Leary's home.

But Justice Hugh McClellanrejected the motion to dismiss the case.

"After considering the principles that are summarized in those cases and the circumstances here, it seems to me that there are real issues for trial in this case," McLellan stated in his May decision. "In my view, there is some merit to the Plaintiffs action and there is much more than what has been called the `germ' of a cause of action."

The matter was slated to go to trial on July 16, but the lawyers met before the court date and quietly reached a settlement.

In his statement of claim,RJM had argued his career and quality of life have been "detrimentally impacted by the long-term effects of this assault including psychological injury."

He was seeking general damages for loss of enjoyment of life, pain and suffering; general damages for loss of earning capacity; aggravated damages; punitive damages; legal costs and disbursement; prejudgment interest; and any other relief the court deemedappropriate.