SASKATOON - The plaintiffs have filed an appeal of a $25-million lawsuit against a Christian school and church, in which a Saskatoon Court of King's Bench judge decided to stay the case.
The Saskatchewan Court of Appeal has confirmed that on June 9 Scharfstein Law, which represents the plaintiffs in the case, filed an appeal of Justice R. Wempe's June 3 decision.
The appeal is taken on several grounds.
'The Chambers Judge erred in law in determining that the immediate disclosure rule for settlement agreements applies in Saskatchewan," Scharfstein Law wrote.
The firm also said that the judge erred in law in determining that the settlement agreements "changed entirely the litigation landscape."
They also said that the judge erred in law in determining "that the legal test for an abuse of process could be met without a finding of prejudice."
Lawyer Grant Scharfstein told SaskToday he is confident the request for an appeal of the judge's decision will go through.
"The Court of King's Bench made several errors in law. We're very, very confident in proceeding with the appeal," he said. "Hopefully, the Court of Appeal will set the decision aside and we'll move on with the litigation."
In her written decision, the judge stayed the $25 million lawsuit against Legacy Christian Academy and Mile Two Church, citing an abuse of the court's process.
Legacy Christian Academy is a kindergarten to Grade 12 independent church school that was founded in 1982 and originally called Christian Centre Academy. It is located in Saskatoon’s north end and is associated with Mile Two Church, a non-denominational church.
The original claim named 22 individual defendants, excluding John Does and Jane Does. The statement of claim was amended on Dec. 12, 2022, and on June 29, 2023. The second amended statement of claim dated June 29, 2023, is the operative one pleading in the action.
The statement of claim alleges systemic abuse of students and minor attendants of Legacy Christian Academy and Mile Two by the defendants.
The judge took issue that the plaintiffs did not immediately disclose settlement agreements already reached.
"I find the plaintiffs in this matter failed to immediately disclose settlement agreements they reached with three named defendants," Justice R. Wempe wrote in her June 3, 2025, decision. "I also find the settlement agreements changed the adversarial landscape of the litigation by causing the settling defendants to switch sides. Finally, the only available remedy for an abuse of process in the circumstances is a stay of the action."
The plaintiffs have previously entered into settlement agreements with three people - one from Nov. 1, 2023; a second from Feb. 24, 2024, and a third from Feb. 20, 2024.
The three settlement agreements were provided on April 8, 2024. The first settlement agreement was provided five months after it was signed, and the second and third settlement agreements were provided almost two months after they were signed.
"It is also noteworthy that the settlement agreements were only disclosed after Mile Two independently learned of the discontinuances and made repeated requests for information from the plaintiffs," the judge wrote in her decision.
"The settlement agreements had the effect of them switching sides and cooperating with the plaintiffs," the judge added.
Citing case law from three other provinces, the judge noted there is no reason the immediate disclosure rule should not also apply in Saskatchewan.
"The rationale underlying the rule is based on fairness, preserving the integrity of the court process and preventing abuse of the court process, all of which are important and necessary in Saskatchewan," she wrote.
- With files from Lisa Joy
