Saskatoon judge dismisses $25M lawsuit against Christian school, church
A Saskatoon Court of King's Bench judge has dismissed a $25-million class action lawsuit against Mile Two Church and its associated private Christian school.
Justice Rochelle Wempe dismissed the civil suit in a written decision on June 3. When the lawsuit was launched in August 2022, it named 22 defendants and alleged systemic abuse of students at the church and school — formerly known as Legacy Christian Academy.
Wempe ruled there was 'abuse of process.' In her decision, she said the plaintiffs failed to 'immediately' disclose settlement agreements with three defendants.
According to Wempe, plaintiffs settled with Stephanie Case in November of 2023, and Fran Thevenot and Tracy Johnson in February of 2024. Claims against four other named defendants were also dropped.
Wempe wrote defendants were informed about the settlement agreements five months after Case signed and two months after Thevenot and Johnson signed. She noted they were only made aware of the settlements because Mile Two's lawyers made 'repeated requests for information from plaintiffs.'
She said the settlement agreements 'significantly' altered the litigation landscape.
Wempe said the terms of agreement stated the settling defendants would provide testimony and affidavits and would not take any formal 'adversarial position against the plaintiffs.'
'The settlement agreements had the effect of them switching sides and cooperating with the plaintiffs,' Wempe wrote.
The plaintiffs, represented by Scharfstein Law, argued Mile Two and the other defendants were not hurt by the failure to disclose the settlements. Wempe says no prejudice is required for the immediate disclosure rule to come into effect.
The plaintiffs also argued that dismissing the lawsuit would be 'unfair and unjust' because there is no case law indicating that the immediate disclosure rule applies in Saskatchewan.
'While I have some sympathy for this argument, I note that there is significant case law from three provinces dating back to 2009 which has clearly set out the immediate disclosure rule in civil proceedings,' Wempe wrote.
The plaintiffs filed a notice of appeal on Monday. The appeal argues Wempe erred in determining that the immediate disclosure rule for settlement agreements applies in Saskatchewan. The appeal also argues Wempe erred in determining that the legal test for abuse of process could be met without finding prejudice.
'Our clients were extremely disappointed in this decision, and we're going to push forward with the claim,' lawyer Grant Scharfstein told CTV News.
Scharfstein said he's hoping the appeal will be heard by fall.
CTV News reached out to the lawyers representing Mile Two Church Inc., but did not get a response by publishing time.
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