A class-action lawsuit, filed by the victims of two Calgary teachers who allegedly sexually abused students, will proceed, an Alberta judge has ruled.
The lawsuit, which involves three groups of anonymous plaintiffs, is against the Calgary Board of Education (CBE), the estate of Michael Gregory and another teacher, Fred Henry Archer.
According to court documents, the plaintiffs attended John Ware Junior High School in Calgary between 1988 and 2004 and claim they were sexually and physically abused by Gregory and Archer.
They also claim the CBE failed to meet its obligation to create a safe environment at its schools and is therefore liable in the abuse that reportedly took place.
Gregory worked as a math, science and physical education teacher at John Ware for approximately 20 years while Archer worked there as a teacher through the 1990s.
Gregory’s licence was revoked in 2006 by the Alberta Teachers' Association, who said he was engaging in demeaning and disrespectful conduct with his students. He pleaded guilty to misconduct to those charges.
In February 2021, Gregory was charged with 17 sexual offences.
He died by suicide five days later.
In 2008, Archer was convicted for abusing boys at a previous school. He was never charged with any crimes related to his time at John Ware.
According to the Alberta Court of King’s Bench, the class-action suit is allowed to go ahead with the understanding that the victims would be separated into three groups: Gregory sexual abuse survivors, Gregory non-sexual abuse survivors and abuse survivors of the other teacher.
The victims include individuals like E.M., who claimed they were repeatedly sexually assaulted at the school, inside Gregory’s home and on outdoor trips organized by the school.
C.B., another student at John Ware, was allegedly physically assaulted by Gregory and other students in the class at Gregory’s discretion.
Another John Ware student, J.R., alleged physical abuse by Gregory and a period of prolonged sexual abuse at the hands of Archer, with whom he was living for 18 months while his father was out of town.
“His father agreed to this because of Archer’s position as a teacher but Archer allegedly sexually abused J.R. throughout this time, at school, at home and in his car.
“While this living situation was unique to J.R., the questions of CBE’s responsibility, if any, for abuse taking place off-site and after-hours is common to many of the plaintiffs.”
In the ruling, the CBE did not oppose the claims of direct negligence but took issue with the claim of vicarious liability in the case.
“(The) CBE argues that a determination of vicarious liability cannot be made without finding facts unique to each class member,” the ruling said, adding that each member claimed abuse in different settings, both on and off school property.
The plaintiffs said all the abuse originated in a school environment and “existed only within the teacher-student dynamic.”
Justice Hollins ruled the case would be tested in a common issues trial, which includes any vicarious liability of the CBE for the actions of both of its teachers.
The initial claim against Gregory and CBE was filed in 2021; Fred Archer was added in 2024. CBE continues to work to find a resolution to this matter.
We received this decision on Friday and are reviewing it.
In a statement sent to CTV News on Tuesday, the CBE said it takes this matter and the allegations seriously.
“As this matter is still before the courts, we continue to be unable to comment further.
“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.”
