Grenville Christian College Class Proceeding

A class action has been commenced by former students of the Grenville Christian College seeking damages for psychological, physical and sexual abuse. The statement of claim was issued in the Superior Court of Justice in Toronto on Thursday, January 17, 2008. In the action, the former students of the Grenville Christian College seek a declaration that the defendants have breached their fiduciary obligations owed to the plaintiffs in the operation of the Grenville Christian College as well as compensation and/or damages for breach of fiduciary duty, negligence, battery and intentional infliction of mental suffering in the amount of $200 million. The claim also seeks punitive, exemplary and/or aggravated damages.

On June 27, 2008, Justice Perell issued an Order adjourning, on terms, the previous injunction related to the potential sale of the Grenville Christian College property. The Order permits a sale of the property and limits the payment of sale proceeds to specific parties.

The proposed student classes are defined as:

1. The Student Class: Students who attended and resided at the Grenville Christian College between September, 1973 and July, 1997, except members of the staff student class and the children and grandchildren of the individual defendants; and,

2. The Staff Student Class: Students who attended and resided on the grounds of the Grenville Christian College and whose parents were employed as staff during the period September, 1973 to July, 1997, except the children and grandchildren of the individual defendants.

The proposed representative plaintiffs are:

1. For the Student Class – Lisa Cavanaugh, Andrew Hale-Byrne and Richard Van Dusen;

2. For the Staff Student Class – Margaret Granger.

The defendants in the action are:

1. 226937 Ontario Limited carrying on business as Grenville Christian College, i.e. the company that operated the school;

2. The Incorporated Synod of the Diocese of Ontario;

3. Charles and Betty Farnsworth;

4. Alastair and Mary Haig.

What is a Class Proceeding?

A class proceeding is an action that is brought by representatives on behalf of a defined group of people. Success or failure in the action is binding on all members of the class who do not opt out. At an early stage in the action, a motion is brought before the Court to have the action certified as a class proceeding. There is a five-part test which must be met in order for an action to be certified. Once certified, members of the class are given the option to opt out of the action. If a class member opts out, then they will not participate in any settlement or judgment which may result. If a class member does not opt out, then they will be bound by the decision. It is important to note that only the representative plaintiffs have any exposure for costs if the action is unsuccessful.

Next Steps

Now that the statement of claim has been issued, it must be served on the defendants, i.e. it must be personally delivered to them. Once served, the defendants will retain legal counsel to defend the action. The defendants may deliver a statement of defence or may wait to see whether the action is certified before doing so. It is always open to the parties at any stage, even as early as shortly after the issuance of the statement of claim, to meet for the purpose of trying to resolve the law suit. Any settlement, whenever achieved, must be approved by the Court to ensure that it is a fair and reasonable settlement.

Contacting us:

If you have information with respect to the matters that are raised in the statement of claim, please contact counsel who are acting in this matter as soon as possible. The lawyers involved in the action are:

1. From Cohen Highley LLP

Russell M. Raikes (rraikes@cohenhighley.com)
Phone No. (519) 672-9330

Sarah C. Low (low@cohenhighley.com)
Phone No. (519) 672-9330

2. From Torkin Manes Cohen Arbus LLP

Loretta Merritt (lmerritt@torkinmanes.com)
Phone No. (416) 777-5404

Barb MacFarlane (bmacfarlane@torkinmanes.com)
Phone No. (416) 360-4730

Updates

As the action progresses, we will be updating this website to keep members of the class informed as to what is happening.