Ivan Henry, who was wrongfully convicted of sexual assault in 1983, leaves B.C. Supreme Court during a lunch break in Vancouver, B.C., on August 31, 2015. THE CANADIAN PRESS/Darryl Dyck

Wrongfully imprisoned B.C. man denies allegations of assault

Ivan Henry files response to civil lawsuit alleging he sexually assaulted five women

A British Columbia man awarded millions for wrongful imprisonment is now defending himself in a civil lawsuit, again denying he sexually assaulted five women.

The women, identified only as Jane Doe No. 1 through No. 5, filed the lawsuit in B.C. Supreme Court in October, alleging Ivan Henry broke into their homes in the 1980s and sexually assaulted them.

Their lawsuit says Henry caused them emotional suffering and psychological damage.

Henry was convicted on 10 counts of sexual assault in 1983 and spent 27 years in prison before he was freed.

The conviction was overturned in 2010, when a B.C. Appeal Court judge found flaws in both the trial and police investigation.

In his response to the lawsuit, Henry says he did not commit the sexual assaults and denies the allegations made in the lawsuit.

His response also says the women have failed to support the material facts in the lawsuit because they do not identify themselves.

Henry asks the court to dismiss the case and require the women to pay special costs.

His response, filed Nov. 10, says the costs are justified because the lawsuit alleges criminal acts and serious misconduct.

Henry sued the government over his wrongful imprisonment and was awarded $8 million in damages from the province.

RELATED: Wrongful conviction award for B.C. man capped at $8 million

Last month, the B.C. Court of Appeal ruled the province would not have to pay the full amount because Henry also settled out of court with the City of Vancouver and the federal government for $5.1 million.

An appeal court panel determined that requiring the province to pay the entire $8 million settlement on top of the $5.1 million would have constituted double recovery for Henry.

The women’s lawsuit asked that Henry be denied the money he was awarded for wrongful imprisonment, alleging he had been “unjustly enriched.” It also asked for a damage award.

Henry denies the claims.

“Further, the defendant was not unjustly enriched, did not ‘profit’ from the sexual assaults and did not commit them,” the response says.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Vancouver Island leads nation in medically assisted deaths

Island residents choose assisted death five times more than other Canadians

Man injured in Vancouver Island racetrack accident meets, holds son for first time

Kayden was born the day after Jonathan was crushed by car at speedway

Study: teenage pot use leads to wide variety of outcomes

UVic psychology researcher studied cannabis use among youth for more than a decade

VIDEO: This is what buying legal pot in B.C. looks like

Take a look inside B.C.’s first and only legal pot shop located in Kamloops

Oak Bay’s wolf of Discovery Island ‘alive and healthy’

Park remains open to the public; domestic animals prohibited

VIDEO: Leaf Compassion celebrates legalization in Courtenay

Leaf Compassion in Courtenay celebrated the official legalization of marijuana in Courtenay… Continue reading

Find your future at Black Press career fair in Victoria

More than 70 booths expected at Bay Street Armoury on Oct. 25

Kawhi Leonard scores 24 as Raptors beat Cavs 116-104

Prize acquisition sparkles in debut for Toronto

Jagmeet Singh says marijuana pardons are not enough

Trudeau government will streamline pardon process for Canadians convicted of simple possession of marijuana in the past

Greater Victoria home builders knock down speculation tax

VRBA’s Casey Edge calls speculation tax “dishonest” and ineffective in dealing with housing crisis

Island resident facing numerous charges in Comox Valley shooting

A 27-year-old Saanich resident had his preliminary hearing in Courtenay Wednesday as… Continue reading

Legalization at the legislature: Victoria celebrates with free cannabis

Longtime cannabis activist Dana Larsen hands out free joints, seeds, plants

UPDATE: Pay Bay Highway traffic moving again after motorcyclist rear-ended

Three vehicle collision stalled traffic in southbound lane Wednesday shortly before 4 p.m.

Most Read