B.C. woman wins default judgment in child sex case naming fundamentalist Mormon polygamist
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B.C. Supreme Court has awarded a default judgment in a case that put B.C.’s controversial fundamentalist Mormon bishop Winston Blackmore before the courts again, this time on allegations he sexually abused a woman when she was a “young child.” A default judgment is awarded when a defendant does not respond to a notice of civil claim.
The suit alleged Blackmore committed sexual abuse, sexual battery and sexual assault. It claims the church is vicariously liable for the actions as Blackmore, 68, was bishop at the time of the alleged abuse.
The case now moves forward for an assessment of damages.
Rebecca Leah McKinlay filed a notice of civil claim in B.C. Supreme Court on Nov. 18 and filed an amended notice on Nov. 20. It names the Church of Jesus Christ (Original Doctrine) Inc. doing business as Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) as the defendant.
However, it was “perpetrator” Blackmore’s alleged actions that are the focus of the document. He is not named as a defendant in the claim, and the allegations against him are unproven.
“In or about the years of 1968 to 1981, the perpetrator used the position of power granted by the defendant to prey upon the plaintiff, be a party to sexual and emotional assault of the plaintiff, and/or direct, aid, and abet other members of the church to sexually, physically, or emotionally abuse the plaintiff,” the suit alleges.
The suit claims the alleged abuse against McKinlay “occurred on a repeated basis, increasing in frequency, nature and intensity as time progressed.”
The suit alleges Blackmore used his position of authority and trust to ensure the child kept quiet.
“In order to facilitate abuses, the perpetrator engaged in a pattern of behaviour which was intended to make the plaintiff feel that it was unsafe to report the wrongdoings of the perpetrator and/or other members of the church,” the suit said.
Before the default judgment for McKinlay was entered by court deputy district registrar N. Roberts, court files indicate repeated but unsuccessful attempts to serve the lawsuit on the defendant church.
Tara Callan with Preszler Injury Lawyers represented McKinlay.
“I can confirm that my client has obtained default judgment against the defendant,” Callan said. “My client is now moving forward to get her damages assessed. Because this is a matter before the courts, the plaintiff will not be commenting further at this time.”
Content retrieved from: https://www.burnabynow.com/highlights/bc-woman-wins-default-judgment-in-child-sex-case-naming-fundamentalist-mormon-polygamist-10595599.
