Biography

I am a lawyer in the firm’s class action practice group where I act exclusively for plaintiffs involved in a range of class actions. My main interests concern class actions for institutional abuse and class actions involving crown liability. I have a particular interest in class actions proceeding in Federal Court.

Most recently, I was class counsel, along with my colleague (Angela Bespflug), in the settlement of an estimated $100M class action for women who experienced gender and sexual harassment while working and volunteering with the RCMP in non-member roles (Tiller et al. v. HMTQ). The settlement was approved by the Federal Court in 2020.

In addition to my core class action practice, I pursue individual civil sexual assault claims, both historical and recent. Many of my sexual abuse cases involve institutions, such as religious organizations, school boards and government ministries. I offer survivors of sexual assault a safe place to discuss their legal situation.

Prior to joining Murphy Battista in 2020, I practised in the class action practice group at a prominent Vancouver class action boutique. The early part of my legal career was in insurance defence. For over a decade, my personal and professional interests have been in the socio-legal field, with a particular interest in Indigenous issues and gender violence. I taught for several years in this area at the University of British Columbia. I also have extensive experience in professional legal education.

Education

  • University of Alberta (Faculty of Law), LL.B, 2004
  • University of Saskatchewan, B.A, 2001

Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

Angela Bespflug, Janelle O’Connor and Caitlin Ohama-Darcus, along with lawyers from Cooper Regel, were successful in obtaining an order for certification in this class action against Canada on behalf of Indigenous persons who allege that, at any time between May 14, 1953 and the present, they were physically or sexually assaulted by members of the RCMP during arrest, detainment, or while being held in custody, and who were alive as of July 20, 2018.

Read the full reasons for judgment: Meguinis-Martin v. His Majesty the King, 2023 FC 771.

For more information about this class action please visit:  RCMP Indigenous Racism and Assault Class Action.

Angela Bespflug and Janelle O’Connor were successful in obtaining an order for certification in this class action against Canada on behalf of Canadian Armed Forces members who were eligible for the Supplementary Retirement Benefit (SRB) as of March 31, 2019, but who may not have received the benefit or received a lower amount than they should have due to inadequate and erroneous advice from Veterans Affairs Canada.
Read the full reasons for judgment: Bruyea v. His Majesty the King.
For more information about this class action please visit:  Supplemental Retirement Benefits (SRB) Class Action.
Angela Bespflug and Janelle O’Connor were successful in obtaining an order for certification in this class action against the federal government on behalf of off-reserve Indigenous children who were removed from their families and forced into non-Indigenous foster care between 1992 and 2019.

The class action seeks various damages, restitution, and recovery of specific costs on behalf of those affected by Canada’s Indigenous child welfare system.

Read the full reasons for judgment: Stonechild v. Canada, 2022 FC 914
For more information about this class action please visit:  Indigenous Child Welfare Class Action

Angela Bespflug and Janelle O’Connor were counsel on this action and its ground-breaking settlement that provided compensation for female class members who were subjected to sexual harassment and assault in the RCMP workplace. The action is part of an emerging and innovative body of jurisprudence that seeks to push our Canadian judicial system to accept class actions as the preferable procedure for resolving systemic sexual misconduct.

In the News

Delays in civil sexual assault trials create further access to justice barriers.

January 31, 2024

Janelle O’Connor is quoted in an article that addresses the many ways our justice system is failing survivors of sexual violence. Read the full story: She sought justice for sexual assault. B.C.’s judge shortage became her battle.

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Sexual grooming and exploitation claim filed against former soccer coach and the school

October 24, 2022

The lawsuit alleges that the plaintiff was sexually groomed and exploited while attending Oak Bay High School by her teacher and high school soccer coach. After a lengthy investigation into these allegations by the British Columbia Commissioner for Teacher Regulation, the teacher received a lifetime teaching ban in August. Janelle…

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Federal Court Certifies Class Action Against Canada on Behalf of Ill and Injured Veterans (Updated)

October 20, 2022

Updated: For CBC Coverage of this class action see: Judge says lawsuit accusing government of failing to tell eligible veterans about benefits can proceed (more…)

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Murphy Battista LLP representing former student in sexual exploitation claim against Greater Victoria School Board and former teacher.

October 7, 2022

Janelle O’Connor is representing a former student in a civil suit against the Greater Victoria School Board and former Oak Bay High School teacher and soccer coach. The claim alleges that her coach on multiple teams in the early 2000s, sexually groomed and exploited her when she was a Grade…

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Join Angela Bespflug and Janelle O’Connor at TLABC’s Class Action Conference – May 19, 2022

April 22, 2022

On Thursday, May 19, 2022, Angela Bespflug will be chairing, and Janelle O’Connor will be presenting at this year’s TLABC Class Action Conference, “Strength in Numbers: Fundamentals and Emerging Issues in Plaintiff’s Class Actions.” The conference is for trial lawyers who want to learn more about class actions and provides…

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News coverage of Correctional Services Canada proposed class action hearing (March 8-11, 2022)

March 10, 2022

Angela Bespflug and Janelle O’Connor of our office are in the Federal Court of Canada this week for a certification hearing in a proposed class action against the Government of Canada on behalf of Canadian female corrections officers. The class action alleges their workplace is rife with gender-based harassment, sexual…

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Press Release: Correctional Services Canada Class Action Certification Hearing

March 8, 2022

Today – International Women’s Day – marks the first day of a Federal Court of Canada hearing in a proposed class action against the Government of Canada on behalf of women who faced sexualized harassment, discrimination, assault and violence in the Correctional Services Canada (“CSC”) workplace. The hearing will take…

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Correctional Services Canada class action certification hearing starts March 8, 2022.

March 7, 2022

The proposed class action is against the Government of Canada on behalf of women who faced gender-based harassment, discrimination and sexual violence while employed at Correctional Services Canada (“CSC”). It has been a long road, but tomorrow – on International Women’s Day – we commence our certification hearing at…

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Janelle O’Connor Co-Chairing CLEBC Sexual Violence (Civil) Conference 2022

February 25, 2022

On March 30, 2022, Janelle O’Connor is co-chairing a CLEBC full-day conference for lawyers on how to effectively and ethically advance and defend civil claims of sexual violence. Early bird registration ends March 2, 2022.  Register HERE This is CLEBC’s inaugural course for litigators who have an interest in practicing…

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More sexual assault survivors turning to civil court

October 4, 2021

Janelle O’Connor is representing a BC woman in a civil lawsuit against two Victoria realtors and their agency for sexual assault. Read the CBC Go Public story (Warning: distressing details): Civil suit alleges 2 Victoria real estate agents drugged and sexually assaulted their client Watch the story clip from CBC’s…

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After a criminal conviction for sexual assault, many clients turn to Murphy Battista to pursue civil litigation to seek restitution

April 15, 2021

Murphy Battista Represents Woman Suing Former B.C. City Councillor Convicted of Sexually Assaulting Her When She Was a Teenager (more…)

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Murphy Battista files proposed class action against courier giant DHL over “processing fees”

April 15, 2021

Murphy Battista has filed a proposed class action against DHL, alleging the courier has profited by misrepresenting some of the fees it charges customers, in contravention of the federal Competition Act. Read the full CBC news story: Courier giant DHL padded own pockets with ‘hidden fees,’ class action alleges Learn…

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Angela Bespflug and Janelle O’Connor support call for culturally sensitive claims process in class actions for wrongs against Indigenous people.

May 25, 2020

Angela Bespflug and Janelle O’Connor recently provided an overview for The Lawyer’s Daily of The National Truth and Reconciliation Commission (NTRC) report, Lessons Learned: Survivors Perspectives. The NTRC report reviewed the Indian Residential Schools Settlement process from the survivor perspective. A key finding in the report is that a western-centric…

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Settlement estimated at $100M approved for women sexually harassed while employed by RCMP

March 19, 2020

Settlement estimated at $100M approved for women sexually harassed while employed by RCMP, covered in the March 2020 issue of Canadian Lawyer Magazine. Read the article

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Federal court approves next $100M RCMP sexual harassment class-action lawsuit

March 11, 2020

The Federal Court of Canada has approved a $100-million class-action lawsuit for women who worked for the RCMP in non-policing jobs and were subjected to gender-based discrimination. Read the full story

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Federal Court approves $100M settlement

March 11, 2020

Federal Court approves $100M settlement, March 11, 2020:

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First Nations Women Sue B.C. Government Over Foster Care Abuse

February 1, 2020

Janelle O’Connor is representing five First Nations women from different communities around B.C. in a lawsuit against the provincial government over allegations they were sexually and physically abused in foster homes. Read the full Vancouver Sun article: First Nations women sue government over alleged horrific abuse by foster parents …

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Lawsuits allege years of abuse against Indigenous girls in B.C. foster homes

January 31, 2020

Lawsuits allege years of sexual and physical abuse against Indigenous girls in B.C. foster homes, January 31, 2020,

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$100 million RCMP settlement for female civilian workers

July 8, 2019

$100 million RCMP settlement for female civilian workers, CTV National News, July 2019 (at 4:15 into video clip)

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Women Harassed in RCMP Reach $100 Million Settlement after Class Action Lawsuit

July 8, 2019

Women Harassed in RCMP Reach $100 Million Settlement after Class Action Lawsuit, July 8, 2019, HUFFPOST,

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Settlement reached in class action lawsuit (RCMP)

July 8, 2019

Read the full article: Settlement reached in class action lawsuit, July 8, 2019, The National Post,

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New $100M settlement reached in RCMP sexual harrassment case

July 8, 2019

Read the full article: CBC News, July 8, 2019,

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Insights

Silencing Survivors in Civil Sexual Assault Settlements

October 27, 2022

Silencing Survivors in Civil Sexual Assault Settlements

In my civil sexual assault practice, some clients wish to remain anonymous, but most don’t. I have learnt that choosing to speak out about one’s own experience of sexual abuse can be an important and potentially therapeutic form of healing and recovery for survivors. Speaking publicly is important to some…

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Considerations for Lawyers Working with Survivors of Sexual Violence

February 9, 2022

Considerations for Lawyers Working with Survivors of Sexual Violence

Janelle O’Connor wrote the article, “Considerations for Lawyers Working with Survivors of Sexual Violence,”  that was recently published in the CBABC Women Lawyers Forum, Winter 2022 newsletter. Read the article (page 6): Here.

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Government Liability for Sexual Abuse by Foster Parents

November 2, 2021

Government Liability for Sexual Abuse by Foster Parents

Cases involving physical and sexual abuse of children by their foster parents is a devastating reality that I am often exposed to in my law practice. The foster care system is meant to protect vulnerable children from abuse and neglect, yet in some cases it does the opposite – exposing…

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Civil vs. Criminal Proceedings for Sexual Assault

October 21, 2021

Civil vs. Criminal Proceedings for Sexual Assault

I am a civil sexual assault lawyer and routinely receive phone calls from sexual assault survivors who are confused about the interplay between the civil and criminal processes for their sexual assault claims. The decision on whether to pursue a civil claim, a criminal proceeding, or both – and the…

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Sexual assault training for judges now mandatory

May 13, 2021

Significant changes designed to enhance confidence in the criminal justice system among survivors of sexual assault came into force last week. The changes involve amendments to the Judges Act and the Criminal Code and are designed to assist judges in deciding sexual assault cases without the influence of myths and stereotypes.…

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Vicarious liability of school boards for sexual abuse by teachers: Is the school still out?

April 12, 2021

Vicarious liability of school boards for sexual abuse by teachers: Is the school still out?

The Supreme Court of Canada has recognized that teachers play a key role in society that places them in a direct position of trust and authority towards their students.  Teachers have significant power, authority, and control over their students. They have control over almost all aspects of a student’s day,…

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Resources

Community

I am very active in my community and volunteer a significant amount of time at my children’s school. I am an avid, albeit not necessarily talented, squash player. In the winter, I am happiest on skis with my husband, chasing our three young children down the mountain.

Class actions are a unique area of law that even the playing field between regular people and large corporations, governments or other entities. They allow a group of people to demand accountability for wrongdoing and facilitate access to justice for people who would otherwise be unable to proceed on their own.

Janelle O'Connor

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