Proposed $21M settlement reached with victims of Ottawa doctor Vincent Nadon

Victims of a former Ottawa doctor convicted of sexual assault and voyeurism against his patients at a University of Ottawa health clinic may soon be eligible to receive compensation as part of a settlement with the school.

If approved, the proposed $21 million settlement would be disbursed among the members of the class-action lawsuit, including any patient of the University of Ottawa Health Services who was recorded without their consent or sexually assaulted by Vincent Nadon.

"At present, 142 very brave women have identified themselves to us, and we expect that the total number is going to go to 175," said Sean Brown, the lead lawyer for Flaherty McCarthy LLP, the firm representing the plaintiffs.

Brown added that his team is "very proud of the outcome."

The draft settlement, obtained by CBC News, proposes that a team of trauma-informed, experienced psychologists will classify members into four categories "based on the severity of abuse experienced."

Brown said it was important that medical professionals worked with the victims to distribute the settlement fairly.

"Throughout this entire process, I have pushed back strongly on the idea that a bunch of lawyers can sit around and say, 'This act done to this person is worse than this act done to that person.' It's not appropriate for us to do it."

As part of the fund, an estimated $1 million will be allocated for victims who suffered "past or future income loss or lost educational opportunities."

It has been nearly seven years since the class action against Nadon and the university was initiated — a "frustrating" timeline for the plaintiffs, Brown said, resulting from the difficulty of establishing the vicarious liability of the university and the health clinic, both of which had expressed "seemingly no willingness to engage in settlement negotiations" until last year.

In her statement of claim, representative plaintiff Ellina Rabbat describes an encounter with Nadon in which he conducted a pap smear while she was "nude from the waist down, with no draping over her legs and no gown on."

Another plaintiff, identified as N.T., was filmed by Nadon "prior to, during and after" her pap smear and breast exam, an experience that has since made her reluctant to see medical professionals and paranoid about being followed or videotaped, according to court documents.

The University of Ottawa argued in court filings that although it had contracted the clinic to provide health care for its students and staff, it had "no role in the day to day operation" of its medical staff, denying that it was "contractually or vicariously liable" for Nadon's actions.

University of Ottawa Health Services, a separate corporate entity that employed Nadon, argued in its statement of defence that the disgraced physician was an "independent contractor" and claimed it was not aware of any complaints against him until 2018.

As part of the settlement, the university and its clinic admit no wrongdoing.

Hearing set for September

Nadon was arrested in January 2018 for secretly recording dozens of his patients over nearly 30 years. He was practising medicine at the university's family health clinic on Rideau Street when the assaults took place.

The College of Physicians and Surgeons of Ontario stripped Nadon of his medical licence in 2020, more than a year after he pleaded guilty to 14 sexual assault and voyeurism charges.

He was sentenced to eight years in prison, less one year for time already served, but was granted full parole in 2021.

Brown said Nadon is not financially contributing to the settlement "at all," as they have been told the former doctor "has no assets" and now earns "very little money" as a French-language translator. Instead, Brown said Nadon will contribute a "meaningful apology" in English and French that will be available to class members.

A hearing to decide whether to approve the settlement is scheduled for Sept. 8 in Ottawa's Ontario Superior Court of Justice.

If approved, the claims process is expected to begin in January 2026.