Lawsuit alleging abuse at private Christian school to continue after Sask. appeal decision

https://www.cbc.ca/news/canada/saskatoon/legacy-christian-academy-appeal-decision-christian-school-9.7319999

A proposed class-action alleging abuse at a private Christian school in Saskatoon will continue.

The lawsuit against Mile Two Church, the provincial government and individuals involved with Legacy Christian Academy was dismissed last year, after the judge ruled there was abuse of process because some defendants weren’t immediately notified when settlements were reached with three others.

But former students appealed and, on Tuesday, the Saskatchewan Court of Appeal issued its decision in their favour.

The three-judge panel found there was “no evidence” the integrity of the court process had been compromised or that the defendants were prejudiced.

“For these reasons, an abuse of process did not occur. Accordingly, the plaintiffs’ appeal must be allowed, and they should be permitted to proceed with their action,” Chief Justice Robert Leurer wrote, with justices Jerome Tholl and Keith Kilback concurring.

Legacy Christian Academy later changed its name to Valour Academy. Mile Two Church is now called Encounter Church.

The statement of claim alleges that students were physically, emotionally and sexually abused. They allege there were severe beatings with large wooden paddles, exorcisms and solitary confinement.

Grant Scharfstein, the lawyer representing the former students, said in a statement that they are “very pleased” with the appeal court’s decision “and that they can move their case through the courts.”

Some former staff at the school have faced criminal charges, primarily related to allegations that students were hit with a wooden paddle.

Those include a former director who was convicted of assaulting more than a dozen students, a former principal who was convicted on one out of four counts of assault and has another upcoming trial, and another former director who has two upcoming trials.

Lawyers for the convicted men have indicated they would be appealing.

A former athletic director at the school also pleaded guilty to sexual assault.