PORT HAWKESBURY, N.S. — The men who successfully lobbied to have Nova Scotia legislation changed to lift time limits for victims to file lawsuits against abusers have now filed a civil action against the man they allege sexually abused them as children in the Port Hawkesbury area in the 1970s.
The notice of action against Ernest Fenwick MacIntosh, 76, was filed in Nova Scotia Supreme Court in Port Hawkesbury on Dec. 23.
The six plaintiffs say in the court filing that MacIntosh’s actions caused them lifelong emotional repercussions — with harm including panic attacks, depression, addiction and post-traumatic stress. They say they also suffered financially – they didn’t pursue post-secondary education, resulting in lower earning power; they had difficulty maintaining employment; and also incurred costs for mental health care.
The MacIntosh saga has a drawn-out history, with the first charge against him related to a Strait area boy filed in 1995. The former prominent businessman was subject to two trials in 2010-11 following his extradition from India, but his 17 convictions involving four complainants were quashed on appeal because it took too long to bring him to trial. That decision was upheld by the Supreme Court of Canada.
“For years, MacIntosh used his position of trust, social status, and wealth to prey on and sexually abuse vulnerable young boys in their community,” the notice of action states.
Each plaintiff claims general and aggravated damages of $300,000; special damages to be determined prior to trial; punitive and exemplary damages of $50,000 and costs associated with the action.
The notice of action alleges that MacIntosh used his position in the community, his affluence, his position on the executive of a local hockey team and his relationships with others to put himself in positions of trust over the boys. It states that the boys were vulnerable, unwilling participants in the sexual interactions.
“MacIntosh was able to avoid justice for his actions when his criminal charges were permanently stayed as a result of repeated inaction by the governments of both Nova Scotia and Canada,” the men’s lawyers, Toronto-based Daniel Naymark and Jonathan Rosenthal, said in a written statement.
The widespread failures in the MacIntosh case resulted in the Nova Scotia attorney general issuing an apology to the complainants and for changes to the Limitation of Actions Act, removing time limits for victims to begin civil lawsuits against their abusers, the result of successful lobbying efforts by the MacIntosh complainants.
“They now make use of the improved statute to seek justice by their own efforts,” Naymark and Rosenthal wrote. “MacIntosh now knows that his victims will not stay silent, and that he cannot avoid justice for his crimes forever. We hope that the brave actions of these victims embolden other victims to hold their abusers to account.”
Many of the allegations set out in the notice of action were put into evidence at MacIntosh’s two trials. MacIntosh is living in Montreal, a city where he lived prior to his move to India, the country from which he was extradited in 2007.
MacIntosh was served in Montreal with the notice of action on Christmas Eve. He has 30 days to file a defence.
MacIntosh was initially convicted on charges relating to four of the plaintiffs in the lawsuit. All of the men are now aged 56-64. Between the years 1970-75, they all lived in or near Port Hawkesbury, where MacIntosh also lived at the time.
The notice of action calls the alleged acts “an intentional trespass on the plaintiffs’ bodily security and sexual integrity. The plaintiffs did not consent to the abuse, and could not legally have done so (in most cases). The nature of these relationships create an imbalance of power and exploitation that removed the possibility of consent to sexual contact.”
It also alleges that the abuse constitutes false imprisonment, stating that the plaintiffs were young boys, “who feared for their safety while being trapped in confined locations, such as MacIntosh’s room, a boat, hotel rooms, cars, and houses.” It also alleges intentional infliction of emotional injury.
None of the allegations have yet been proven in court.
The plaintiffs have asked that the trial be held in Port Hawkesbury if MacIntosh defends the action.
MacIntosh has two unrelated but similar convictions dating back to the early 1980s in Newfoundland and Labrador. He was also released last year from prison in Nepal after serving about half of a seven-year sentence for a conviction of abusing a boy. It’s believed that he returned to Canada in October 2018.
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