Judge Evelyn M. ten Cate of the Superior Court of Justice of Ontario on Thursday dismissed a motion by Rosica to toss out the lawsuit in order to allow the allegations against him to be addressed exclusively in a canonical court.
“In my view, the Plaintiff’s claim is not essentially doctrinal or ecclesiastical in nature – it is of interest to all Canadians and goes well beyond the internal matters of the Roman Catholic Church,” she said in her Aug. 7 decision.
“Moreover, the canonical court does not have an adequate internal dispute mechanism meant to cover claims for damages arising from sexual assault cases,” she continued.
“Specifically, it has no ability to award punitive or aggravated damages, cannot make a finding of vicarious liability, and has no enforcement mechanism.”
Rosica has denied the allegations against him. His attorney had argued that “the Court has no jurisdiction over the subject matter of this dispute as the Plaintiff and Fr. Rosica are ordained priests and the alleged assaults occurred while they were engaged in duties on behalf of the Roman Catholic Church. Any such complaints or allegations would be governed by Canon Law. The court should defer to the ecclesiastical court and its application of Canon Law.”
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