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Team Members:
Susan Vella, L.S.M. (416.363.7627 - direct line
svella@rochongenova.com)
Alison C. Kearns - Associate (416.363.1867, Ext. 225; akearns@rochongenova.com)
Michael Wilchesky - Associate (416.363.1867; mwilchesky@rochongenova.com)
Jennifer Lord, Legal Assistant - Law Clerk (416.363.1867, Ext. 248; jlord@rochongenova.com)
Meredith Francis, Law Clerk (416.363.1867, Ext. 243; mfrancis@rochongenova.com)
PRACTICE AREA HIGHLIGHTS:
Rochon Genova LLP features an experienced team in the area of civil sexual assault, institutional abuse, and multi-victim lawsuits, known for its pioneering and precedent setting work in this field. We assist victims of sexual and physical assault, mental cruelty, and institutional abuse in advancing their claims before the courts, tribunals and alternative dispute resolution processes.
Our practice group leader, Susan Vella, is recognized as one of Canada's foremost practitioners in the areas of civil sexual assault, institutional abuse, civil litigation and multi-victim lawsuits. In the September 2003 issue of L'Expert™ magazine and in the National Post, Financial Post section that same year, Susan Vella was named as "one of the 15 top Canadian women lawyers to watch". Susan was awarded the Award of Justice by the Advocates' Society in 2008 in recognition of her accomplished work in this field on behalf of survivors of abuse.
Representing victims of sexual and physical assault, mental cruelty, and institutional abuse, her practice was the first of its kind on "Bay Street". Susan Vella has represented individuals and groups of victims for 20 years, and has achieved many landmark decisions and results for persons whose claims were at one time not recognized as legitimate and worthy of compensation. She represented approximately 200 women who, as girls, were sent to the Grandview Training School For Girls. With her clients, Susan negotiated a precedent setting "healing package" which included an apology from the Government of Ontario, various forms of compensation, and "in kind" benefits. This settlement package has been the subject of much academic, legal and public media commentary because of its precedent setting and multifaceted nature.
Susan Vella had the privilege of representing the first victim to come forward in the Maple Leaf Gardens abuse scandal, Martin Kruze, in the civil litigation context. She assisted Martin Kruze in bringing the Maple Leaf Garden scandal to the attention of Maple Leaf Gardens, the public, and the justice system [see selected excerpt from Globe and Mail article entitled "Scandal Slams Gardens Into the Boards" dated February 22nd, 1997].
In Susan Vella's first reported civil sexual assault decision, C.(P) v C.(R.) (1994), 114 DLR (4th) 151, she successfully obtained the first judicial ruling in a civil sexual assault context, in which the since debunked theory of "false memory syndrome" was ruled to be lacking in scientific basis and therefore not available as a defence in these cases. [see article on False Memory Syndrome CBA - January-February 1994, Vol. 3, No. 1).
Recently, in Evans v. Sproule, [2008] O.J. No. 4518, Ms. Vella successfully obtained a $240,000 judgment, plus substantial indemnity legal costs and interest, for a sexual assault committed by a former Toronto police officer nearly 30 years ago. [read full article]
Susan Vella is also a recognized author and speaker and has many presentations, articles, and other writings to her credit, including her co-authored publication, "Civil Liability for Sexual Abuse and Violence in Canada" (Toronto : Butterworths, 2000) which has been cited by the Court of Appeal for Ontario with approval, and has been identified as a "must have" text for any lawyer entering into this area of law. [see Selected Presentations and Consultations]
Susan Vella has appeared as lead counsel at all levels of court, including the Supreme Court of Canada, the Court of Appeal for Ontario, the Superior Court of Justice (Divisional Court) and has conducted several trials at the Superior Court of Justice (and the former Ontario Court of Justice - General Division). See for example: Bazley v. Curry, [1999] 2 S.C.R. 534; Jacobi v. Griffiths, [1999] 2 S.C.R. 570; K.L.B. v. British Columbia, [2003] 2 S.C.R. 403; M.B. v. British Columbia, [2003] 2 S.C.R. 477; and, E.D.G. v. Hammer, [2003] 2 S.C.R. 459; P.D. v Allen, [2004] O.J. No. 3042; Polgrain Estate v. Toronto East General Hospital (2008), 293 D.L.R. (4th) 266 (C.A.); Evans v. Sproule, [2008] O.J. No. 4518.
Ms. Vella is a past president of the National Association of Women and the Law, was a legal consultant to the Canada Law Commission regarding its report, "Restoring Dignity: Responding to Child Abuse in Canadian Institutions", is a member of the Advocates Society, the Ontario Bar Association and Canadian Bar Associations, and a past Vice Chair of the Commercial Registrations Appeal Tribunal.
She is often sought by the media for her perspective and comments on challenging sexual abuse and misconduct matters.
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