Judge approves class-action lawsuit against CBE and two Calgary teachers accused of sexual abuse

ng different subclasses of plaintiffs: alleged sexual assault victims of Gregory, alleged physical assault victims of Gregory, and alleged sexual and physical assault victims of Archer.

The class-action lawsuit includes 30 or more people represented by lawyers for the plaintiffs. Justice Michele H. Hollins recently certified the lawsuit in an 11-page decision, allowing the case to move forward. Initially, the plaintiffs considered pursuing a mass tort action, which would have allowed individual cases to be assessed separately. However, Hollins approved the revised class-action lawsuit, stating that the now-adult alleged victims would struggle to pursue individual cases effectively.

The lawsuit alleges that former teacher Michael Gregory sexually abused female students and physically abused male students at various locations, including the school, his rural acreage, and during unofficial scouting trips. Gregory passed away by suicide in 2021, shortly after being charged with multiple counts of sexual assault and sexual exploitation of students at John Ware Junior High School.

Former teacher Fred Archer is accused of sexually and physically abusing male students at the same school. He has previously pleaded guilty to similar charges at another school. The lawsuit claims that the Calgary Board of Education is responsible for the teachers’ actions as they allegedly knew about the abuse and failed to respond appropriately. The CBE is accused of creating an environment that allowed abuse to occur, not investigating the teachers, and failing to enforce policies to prevent sexual abuse within the school.

Justice Hollins disagreed with the CBE’s opposition to being held vicariously liable for the teachers’ actions and allowed that claim to proceed in a common issues trial. Numerous affidavits have been filed in the case, most from former students, parents, and staff members at John Ware Junior High School. Notably, the plaintiffs decided to discontinue legal action against Gregory’s widow and their co-owned company, as she denied any knowledge of his misconduct.

In response to the lawsuit, the Calgary Board of Education stated that they are reviewing the allegations seriously, emphasizing their commitment to creating a safe and respectful learning environment. The school board highlighted that harassment, sexual harassment, and discrimination are strictly prohibited and not tolerated within their schools.

Former teacher Fred Archer did not respond to requests for comment by CBC News on the matter. The case is ongoing, and the Calgary Board of Education is currently unable to provide further comments as the legal proceedings continue.