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Court File No.: 58140/18

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

WiLLIAM O'SULLIVAN
Plaintiff

- and -

DONALD J. GRECCO and

THE ROMAN CATHOLIC EPISCOPAL CORPORATION OF
THE DIOCESE OF ST. CATIIARINES and
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO and
THE BROTHERS OF THE CHRISTIAN SCHOOLS OF ONTABJO

Defendants

STATEMENT OF DEFENCE OF THE DEFENDANT,

THE ROMAN CATHOLIC EPISCOPAL CORPORATION OF
THE DIOCESE OF ST. CATIJARINES

1. The Defendant, properly named as the Roman Catholic Episcopal Corporation of the
Diocese of St. Catharines in Canada (the "Diocese") denies the claims against it and denies the
Plaintiff's entitlement to any relief against it. Unless specifically admitted in this Statement of
Defence, the Diocese denies the Plaintiff's allegations and puts the Plaintiff to the strict proof of
his allegations.

2, The Diocese has no knowledge or insufficient knowledge to either admit or deny the
allegations in paragraphs 2, 3, 8-13, 15, and 41-60 of the Statement of Claim.

3. The Diocese owned and operated St. Kevin's Parish in Welland, Ontario, at all material
times.

4. Donald J. Grecco ("Grecco") was born March 6, 1940. The Diocese did not recruit
Grecco. Grecco applied to and was accepted to St. Augustine's Seminary in Toronto, Ontario in
or about 1960. 1-Ic was ordained as a Roman Catholic Priest at the Cathedral of St. Catherine of
Alexandria in St. Catharines, Ontario, on June 4, 1966.

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5. Gtecco was assigned to St. Kevin's Parish in Welland Ontario, from Septetnber 1979
until September 1986. Thereafter, he was assigned to different Parishes until be went back to
school in late 1998 and then decided to leave the priesthood in early 2001.

6. The Diocese acknowledges the general accuracy with respect to the statements in
paragraph 5 of the Statement of Claim. The Diocese does not have a "head office". It has a
chancery office in Thorold, Ontario.

7. The Diocese denies that events occurred as described in paragraphs 16-2.3 of the
Statement of Claim.

8. The Diocese is aware of criminal convictions against Grecco as mentioned in paragraph

24 of the Statement of Claim, but has no direct knowledge with respect to the charges or
convictions, nor did it have any direct involvement with such proceedings.

9. The Diocese denies that it breached any duties it may have owed to the Plaintiff. The
Diocese denies that it was negligent in any way with respect to the Plaintiff. The Diocese denies
there are any grounds, as a matter of fact or law, for the Plaintiff to pursue a claim for
aggravated, punitive or exemplary damages against the Diocese.

10. If Grecco abused, assaulted, or exploited the Plaintiff as alleged, or at all, such behaviour
was completely contrary to Orecco's position as a Priest within the Diocese of St. Catharines.

11. The Diocese denies the Plaintiff has suffered any damages as alleged in paragraphs 1, 6!-
68, or otherwise.

12. The Diocese states that the Plaintiff's claim for any injuries, loss or damage are:

(a) remote, excessive and uriforeseeable;

(b) vague, exaggerated and overstated;

(c) the result of other incidents and events in his life both before and after the alleged
actions of Orecco;

(d) as a result of his failure to mitigate in a timely way, or at all.

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13. The Diocese denies there was any attempt to cover-up Grecco's behaviour as alleged in
the Statement of Claim, or otherwise

14. The Diocese pleads and rebes upon the equitable doctrine of laches arid delay.

15. Th Diocese pleads and relies upon the relevant Statute of Limitations and in particular
the Limitations Act, R.S0. 1990, c. L15 and the Limitations Act 2002, S.O. 2002, c. 24
schedule B as amended, in regards to the claims against it,

16. The Diocese states that the Plaintiff knew or ought to have knoi of the abusive conduct
and effects of same well before the commencement of the within action.

17. The Diocese states that to the extent the Statement of Claim contains observations of
religious doctrin; tenets and teachings of the Roman Catholic Church, such allegations axe
incorrect, misstated or misinterpreted. The Codes of Canon Law referred to in the Statement of
Claim are not relevant to this action, nor could such Codes of Canon Law be interpreted or
applied by the Court. The allegations of abusive actions by Grecco as described in the Statement
of Claim would clearly be outside the duties and obligations of a cleric and would have nothing
to do with any religious rite or calling.

I 8. The Diocese acknowledges the law with respect to the law of vicarious liability and that a
court may determine that the Diocese is vicariously liable for the actions of Grecco, if the court
detennines he did act inappropriately towards the Plaintiff as alleged in the Statement of Claim.
The Diocese states that vicarious liability, if any, does not include punitive, exemplary, punitive
damages or legal costs. on the facts or as a matter of law.

19. The Diocese states that the within action should be dismissed against it with costs
payable to it as determined by the Court.

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October 24, 2018 MILLER THOMSON LU'

Scotia Plaza
40 King Street West, Suite 5800
P.O. Box 1011
Toronto, ON Canada MSH 3S1

Susan Adam Metzler LSUC#: A022829A

Tel: 416,595.8178
Fax: 416.595.8695

Lawyers for the Defendant,

The Roman Catholic Episcopal Corporation of
The Diocese of St. Catharines

TO: BECKETT
Personal Injury Lawyers
630 Richmond Street
London, ON Canada N6A 3G6

R.P.M.. Talach LSUC#: 45130J

Tel: 519.673.4994
Fax: 519.432.1660
Email: rtalachbeckettinjurylawyers.com

Lawyers for the Plaintiff

AND TO: DONALD J. GRECCO

do Mr. Robert Yanch
13 Cayuga Street, North
Cayuga, ON Canada NOA lEO

AND TO: CROWN LAW OFFICE - CIVIL

Ministry of the Attorney General
720 Bay Street, 8th Floor
Toronto, ON M7A 2S9

Rina Li
Tel: 416.326.2704
Fax: 416.326.4181
Email: Rina.Li@ontario.ca

Lawyers for the Defendant,

Her Majesty the Queen in Right of Ontario

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AND TO: HUGHES AMYS LLP

25 Main Street West
Suite 2100
Hamilton, ON L8P lift

Jack F. Fitch, Counsel

Tel: 905.577.4050 Ext. 537
Fax: 905.577.6301
Email: j fitchhughesxnays.com

Lawyers for The Defendant,

The Brothers of the Christian Schools of Ontario

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 Lt :fT 8T'2-J2O -f2
WILLIAM O'SULLIVAN DONALD .1. GRECCO et aL
Plaintiff and Defendants Court File NoW: 58140/18

ONTARIO
SUPERIOR COURT OF JUSTICE

5S869Tt7 :WO
Proceeding commenced at ST. CATHARLNES

STATEMENT OF DEFENCE OF THE

DEFENDANT, THE ROMAN CATHOLIC
EPISCOPAL CORPORATION OF
THE DIOCESE OF ST. CATHARINES

MILLER THOMSON LL.P

SCOTIA PLAZA
40 Kirc STREET WEST, Suim 5800
P.O. Box 1011
TORONTO, ON CANADA M5H 3S1

Susan Adam Metzler LSUC#: A022829A

Tel: 416.595.8178
Fax: 416.595.8695
Email: srnetzler@rnillerthomson. corn.

Lawyers for the Defendant1

The Roman Catholic Episcopal Corporation of
The Diocese of St. Catharines

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