Family sues N.L. government and group home, claiming wrongful death of Tony Humby complainant (original) (raw)
The family of a complainant who died following his testimony at Tony Humby's trial has filed a lawsuit alleging the police, the province and a group home in the care of the Newfoundland and Labrador government were negligent in their duty of care, which allegedly contributed to his death.
Lawsuit alleges defendants were negligent in duty of care to youth
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Tony Humby is led into court in this file photo from his ongoing criminal trial. Several lawsuits have been launched against the provincial government, alleging that the Royal Newfoundland Constabulary and child-protection officials could have stopped Humby's alleged abuses sooner. (CBC)
A new lawsuit filed in St. John's alleges that negligence on the part of the police, the Newfoundland and Labrador government and a group home contributed to the death of a young man at the centre of the Tony Humby and Bruce Escott sexual violence cases.
The young man — who cannot be identified due to court-ordered publication bans — suffered a drug overdose after testifying against Humby last year.
The lawsuit says he was left without brain activity, and his family was forced to make the "agonizing decision" to remove him from life support.
"The plaintiffs state that prior to his loss of consciousness, John Doe made statements concerning the abuse perpetrated by Humby," the statement of claim reads.
Humby is currently on trial for 71 offences related to 10 complainants. He's pleaded not guilty. Final submissions are scheduled for September.
Escott pleaded guilty to abusing seven youths, including John Doe, and was given a 13-year sentence in 2025.
It's alleged the two men worked together to abuse vulnerable teens, coercing them with money, drugs and alcohol at their mobile homes on Hussey Drive in St. John's.
The lawsuit was filed by lawyer Stephen Barnes of Buckingham Law on behalf of the family.
Alleged police and child welfare negligence
The Royal Newfoundland Constabulary was aware of abuse allegations against Humby dating back to at least 2007, when a 16-year-old went to police to say he'd been raped, according to evidence presented at trial.
The investigating officer took statements from Humby and the teen, but decided not to lay charges. A sexual assault examination kit was collected but never analyzed, and was later destroyed.
The lawsuit alleges another youth told a social worker about Humby and Escott in 2009. It states the youth was advised the matter would be investigated, but "child protective services failed to take reasonable investigative, reporting, protective or follow-up steps."
Police and social workers became involved with Humby again in 2015, the lawsuit alleges, when a boy in the care of the province was picked up at Humby's trailer by the RNC.
The lawsuit alleges child protection officials received more warnings about Humby in 2016 and 2017. John Doe was living in a group home in the care of the province when he was allegedly abused between 2019 and 2021.
The statement of claim alleges the RNC failed to properly investigate allegations made against Humby for years, including sexual assault complaints involving vulnerable male youths.
"Had the RNC fulfilled its statutory and common law duties beginning in or about 2007, Humby's exploitation network would have been interrupted or dismantled long before John Doe was victimized," the statement of claim states.
Mom testified about grievances with group home
John Doe was in the witness box for parts of three days, storming out at one point when it became too much to handle.
His testimony was raw and often combative. He grew frustrated with defence lawyer Mark Gruchy, saying it felt like he was the one on trial.
The young man's mother also testified, telling the court about the painful moments when her son confided in her about the alleged abuse.
She said she took matters into her own hands, storming into Humby's trailer and threatening to kill him.
The woman said she told her son's group home workers what was happening on multiple occasions. She was not impressed with the response.
“I spoke to group home workers and asked them not to drop the kids off at Hussey Drive," she testified. "And they still dropped the kids off at KFC on Torbay Road. Right next to it.”
The lawsuit alleges this was one of the ways in which the group home company was negligent in its duty of care to John Doe.
"[It] failed to implement adequate protective measures, curfew enforcement, intervention strategies, reporting mechanisms, information-sharing practices, or trauma-informed responses to protect vulnerable youths from ongoing exploitation," the statement of claim notes.
None of the allegations have been tested in court. CBC News requested comment from each of the named parties in the lawsuit. As of publishing time, no responses were received.
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ABOUT THE AUTHOR
Ryan Cooke is a justice affairs reporter based in St. John's. He can be reached at ryan.cooke@cbc.ca.