A Calgary judge has ruled a class action lawsuit filed by the victims of two former public school teachers can go ahead.
The lawsuit, filed by three former John Ware Junior High School students against the Calgary Board of Education (CBE), the estate of Michael Gregory, and former teacher Fred Archer, was certified by the Honourable Justice Michele H. Hollins earlier this month.
The plaintiffs allege the CBE failed to create a safe environment in its schools, report any suspected abuse, and respond properly to the “many disclosures of abuse that were made to other teachers and administrators at John Ware School.”
Gregory was a physical and outdoor education teacher at John Ware from 1988 to 2006, during which time he is alleged to have sexually abused his female students and physically abused his male students, according to the lawsuit.
He was investigated and suspended from teaching in 2006. Later, Gregory was charged with multiple sexual offences and died by suicide a short time after.
Archer was a colleague of Gregory’s at John Ware through the ’90s. He is also accused of sexually and physically abusing his male students during this time.
Hollins writes in her decision that because the plaintiffs allege different types of abuse at the hands of different people, the suit must go ahead with the division of victims into different groups: Gregory sexual abuse survivors, Gregory physical abuse survivors, and Archer sexual and physical abuse survivors.
The school division didn’t oppose the certification of the claims of direct negligence, but did take issue with the claims of vicarious liability.
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CBE denies it should be held responsible for the alleged actions of Gregory and Archer because of the employee-employer relationship (referred to as vicarious liability) in regards to the circumstances and locations of the alleged abuse.
The school division is making this argument because some of Gregory’s alleged victims were allegedly abused while working or volunteering at the former teacher’s rural acreage and not on school property. A number of students were also allegedly physically or sexually abused during unofficial “scouting trips” related to Gregory’s outdoor education class, outside of school hours.
CBE also says some parents were aware or even gave permission for their kids to go to Gregory’s home, go for rides in his and Archer’s personal vehicles, and attend the “scouting trips.” It argues that where the claims of abuse happened in circumstances outside school events and/or circumstances approved by the students’ parents, it can’t be found to be vicariously liable.
“Vicarious liability, CBE says, depends on whether the actions of Archer and Gregory vis-a-vis each class member were actions for which the CBE should be legally responsible,” court documents read. “Both sides agree that a determination of vicarious liability requires an analysis of the relationship between CBE as employer and Archer and Gregory as employees.”
To this, the victims say all alleged abuse, regardless of where it happened, began in a school environment and happened only because of the teacher-student dynamic.
“Further, the plaintiffs allege that the school personnel, including administrators, knew that Gregory and Archer were using their in-school relationships with students to take advantage of opportunities to abuse those students outside of school hours or property,” the suit claims.
Legal action against Gregory’s widow and the landscape contracting company they co-owned has been discontinued.
CityNews has reached out to the CBE for comment.