Litigation Updates

Vancouver College continues to work through the litigation launched in February 2021 by a VC alumnus who alleges abuse by a Christian Brother formerly on staff. In March 2023, the lawsuit was certified as a Class Action. The period in question is 1976 to 2013.

As we move toward reconciliation and resolution, we are committed to maintaining up to date communication with all students who may be prospective members of this Class Action.  To that end, on August 26, we sent communications regarding a revised Long Form Notice of Certification, which now contains a Schedule B - Opt Out Form, by email or mail to students enrolled at Vancouver College between 1976 and 2013 in our database. In addition, the information was disseminated through the Vancouver College and Vancouver College Alumni Association social media accounts.

Vancouver College remains committed to reconciliation of these matters, and we believe in truth and restorative justice. We understand and support the importance of ensuring that victims of any abuse have their experiences heard in order to move closer to the ultimate goal of true healing and peace. 

Vancouver College has and will continue to condemn abuse in any form, particularly as it may affect children. Our commitment to the safety and holistic development of every student is enshrined in our Code of Conduct policies regarding child protection, as well as through our values as articulated in the Essential Elements guiding principles.

Should you have further questions or concerns, please contact our President, Michelle Rupp, directly at mrupp@vancouvercollege.ca or 604-261-4285. 

Community Letter from the President

The British Columbia Supreme Court has heard the submissions of the parties responding to the certification application, including those of Vancouver College Limited, and has reserved its judgment. Vancouver College takes this matter very seriously and fully supports the investigation and resolution of any claims of abuse. We will respectfully await the Court’s decision on the question of whether a class proceeding is the preferable procedure for the claims made.

The key issues are individual and dependent on factual findings that cannot be made on a class-wide basis. The proposed common issues trial will result in determinations that will be entirely irrelevant to some or all claims. More significantly, the proposed common issues trial will not address, and will only delay, the determination of individual issues that are predominant for all the claimants, namely whether and in what circumstances the alleged abuse occurred.

Update on admissibility of evidence: On October 20th, the parties returned to court. Justice Coval struck portions of certain paragraphs of the Amended Notice of Civil Claim on the basis that they are unnecessary and prejudicial. The Court dismissed the defendants’ application with respect to the admissibility of certain documents. The certification hearing will resume in November and further updates will be provided as we are able. 

The class action certification hearing was held from August 8th -16th and is now adjourned until November. Vancouver College will post a further update once the decision is known and next steps have been determined.

An email update was shared to the Vancouver College community on the current phase of the proceedings. 

Vancouver College and the other defendants filed its initial responses to the underlying civil action and to the plaintiff’s application for certification of the case as a class action.

As set out in Vancouver College’s written argument submitted to the Court at the certification hearing, Vancouver College fully supports the investigation and resolution of any claims of abuse.  Physical or sexual abuse is tragic and the abuse of school-aged individuals is particularly reprehensible. 
 
At this stage, this is a strictly a dispute about whether the Plaintiff’s application for certification meets the requirements set out in the Class Proceedings Act.  Vancouver College is opposed to certification of the Plaintiff’s action as a class proceeding and takes the position that it is not the preferable procedure for advancing claims of abuse. 
 
The key issues are individual and dependent on factual findings that cannot be made on a class-wide basis.  The proposed common issues trial will result in determinations that will be entirely irrelevant to some or all claims.  More significantly, the proposed common issues trial will not address, and will only delay, the determination of issues that are predominant for all the claimants. 
 
In summary, the complexity, variety and number of findings required for a determination of the proposed common issues over 37 years must give way to the acknowledgement that each set of circumstances is so individual that a class proceeding is not the preferable procedure.
 
All claims of alleged abuse must be investigated and resolved.  Those with claims may proceed individually, or by way of joinder with similarly situated plaintiffs. These are the processes that will permit the parties to deal with the predominant issues in a flexible and efficient way without the disadvantages of class certification.  See February 8, 2021 school communication.