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

Globe-trotting soldier wants to serve on Nanaimo city council

Balakrishna (Viraat) Thammanna one of 40 candidates vying for eight councillor seats

10 things still illegal in the new age of recreational cannabis

Pot is legal – but there are still a lot of rules, and breaking some could leave you in jail

City of Nanaimo wants conditions placed on any Discontent City extension

City wants to see nine conditions should the homeless camp remain after Friday’s court hearing

LETTER TO THE EDITOR: School squat hurt activists’ cause

Any support you people may have had I’m sure is now cut in half, says letter writer

LETTER TO THE EDITOR: Freighters harm the ocean floor

Does anyone dive down and observe the destruction, asks letter writer

VIDEO: How to roll a joint

The cannabis connoisseur shares his secrets to rolling the perfect joint

Candidate lists finalized for Nanaimo, Lantzville, RDN, school district

Nomination deadline passes in advance of Oct. 20 local government elections

Election 2018: candidate questionnaires

News Bulletin’s questionnaire responses for Nanaimo, Lantzville, school board, regional district

Candidates make their case to be part of Nanaimo’s next council

Select candidates’ debates held Monday at the Vancouver Island Conference Centre

Nanaimo gets ready to rumble with Great B.C. Shake Out

Prepare for disaster drill by checking survival supplies and planning for real seismic event

Puff, puff, pass: Cannabis is officially legal across Canada

B.C. has only one bricks-and-mortar marijuana store

After 50 years, ‘Sesame Street’ Big Bird puppeteer retiring

The puppeteer who has played Big Bird on “Sesame Street” is retiring after nearly 50 years on the show.

Britain, EU decide to take some time in getting Brexit right

Brexit negotiator Michel Barnier said “we need much time, much more time and we continue to work in the next weeks.”

Parole denied for convicted killer-rapist Paul Bernardo after 25 years in prison

Paul Bernardo plead for release on Wednesday by arguing he has done what he could to improve himself during his 25 years in prison.

Most Read