Judge certifies class-action lawsuit against CBE and 2 Calgary teachers accused of sexual abuse

A judge with the Court of King's Bench of Alberta has certified a class-action lawsuit that alleges school staff knew and "failed to respond properly to the many disclosures of abuse" made by students against two teachers at John Ware Junior High School.

The lawsuit is against the Calgary Board of Education (CBE), the estate of former teacher Michael Gregory and former teacher Fred Archer.

Three representative plaintiffs are listed, each of whom is representing 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.

Last week, Justice Michele H. Hollins filed her 11-page decision certifying the class action.

After the plaintiffs considered a mass tort action — which would have allowed for plaintiffs to pursue their cases individually with a judge assessing on a case-by-case basis what compensation a victim is entitled to — Hollins approved a revised class-action lawsuit. She found the now-adult alleged victims have "not fared particularly well" and would struggle to pursue individual cases.

In her decision, Hollins said the different subclasses of plaintiffs would recognize the differences in the teachers' tenure and alleged abusive behaviours.

According to the judge's decision, Gregory is accused of sexually abusing female students and physically abusing male students in various locations — including at school, at his rural acreage and during unofficial "scouting trips."

Gregory died by suicide in 2021, five days after he was criminally charged with 17 counts of sexual assault and sexual exploitation involving six girls. They had been students at John Ware, where Gregory taught between 1986 to 2006.

Archer is accused of sexually and physically abusing male students at John Ware School, where he was a teacher through the 1990s. He has previously pleaded guilty to sexually abusing students at another school.  

According to the justice's decision last week, the lawsuit claims the CBE is vicariously liable for the actions of its employees, as well as directly liable for creating an environment that allowed abuse to happen, failing to investigate the teachers and failing to enforce policies to prevent sexual abuse within the school — despite staff being aware it was happening.

The CBE claimed some of the abuse happened off school property, and in some cases, parents gave their children permission to go for rides in the teachers' cars and to go to Gregory's acreage, according to the decision.

The CBE opposed the certification of the claim that it is vicariously liable for the actions of the teachers. But Justice Hollins disagreed, allowing that claim to move forward in a common issues trial.

A total of 43 affidavits have been filed — most of which came from former students. Others came from their parents and John Ware staff members.

The plaintiffs discontinued legal action against Gregory's widow and the company they co-owned. She has denied any knowledge of his alleged misconduct.

In a statement to CBC News, the school board said it's reviewing the decision and is taking the allegations seriously but is unable to comment further as the matter is before the courts.

"The CBE strives to create a welcoming, caring, respectful and safe learning environment at all times. Harassment, sexual harassment and discrimination are strictly prohibited and are not tolerated."

Archer did not respond to CBC's requests for comment.