CANADA
Canadian Lawyer
Written by Margaret L. Waddell
Posted Date: June 11, 2012
In August 2007, Grenville Christian College, a private boarding school near Brockville, Ont., closed its doors, citing changing demographics, declining enrolment and rising costs for the closure. At the same time, allegations of physical, sexual, and psychological abuse, including cult-like practices at the school, were gaining publicity. Indeed, by September 2007, the chairman of the board of the school had issued a personal apology to the students, and advised that the board was considering a more formal apology and possible financial compensation for the victims. No such compensation was forthcoming. Instead, a class action lawsuit — Cavanaugh v. Grenville Christian College — was commenced naming the local Anglican diocese, the school, and two senior school administrators and their wives.
The motion for certification a class proceeding finally reached the court at the end of April 2012. On May 23, Justice Paul Perell released reasons declining certification, concluding that a class proceeding was not the preferable procedure, although all other aspects of the test for certification had been met, except as against the diocese. The decision denying certification of this institutional abuse case stands in stark contrast to the decisions of the Supreme Court and courts of appeal in Ontario and British Columbia, and with all due respect to the learned motions judge, I would argue that it is in error.
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