Alberta appeal court approves class-action lawsuit for men accusing Anglican priest of assault

A previously rejected class-action lawsuit filed on behalf of men who allege they were assaulted by an Anglican priest will go ahead after all.

More than dozen men had said Rev. Gordon Dominey assaulted them when they were inmates at the Edmonton Youth Development Centre in the 1980s. The youth jail no longer exists.

In earlier proceedings, some complainants testified that the priest groped them in the jail's swimming pool. Others said he assaulted them during counselling sessions and excursions.

Dominey was set to go to trial in 2020 on 33 charges related to alleged historical sexual offences but he died in 2019. He was 67.

The men applied for a class-action lawsuit against the province and the Synod of the Anglican Diocese of Edmonton for failing to provide a safe environment, free from abuse. 

Court of King's Bench Justice John Henderson denied their application last year, but in an Edmonton courtroom on Friday, three Court of Appeal of Alberta judges overturned Henderson's decision, certifying the class action.

Justices Frans Slatter said he and Justices Jolaine Antonio and Dawn Pentelechuk had a full discussion and all agreed to allow the appeal. A written decision is forthcoming. 

The representative plaintiff, whose name is protected by a court-ordered publication ban, told CBC News he is "ecstatically happy" with the decision. 

"I would just like to see closure and justice done," he said. 

In court on Friday, lawyers for the province and the Synod of the Anglican Diocese of Edmonton argued that Henderson had made the right decision, saying individual trials would be preferable to a class action.

"Class proceedings have tremendous economy, but the individual may not get as much scrutiny," said Peter Gibson, the lawyer representing the Synod of the Diocese of Edmonton.

Avnish Nanda, the lawyer representing the men, said the class-action route is better for his clients because a lot of vulnerable and marginalized people can't afford to start and sustain lawsuits.

In a class action, he said, the representative plaintiff does a lot of the legwork for others.

The lawyer said he expected winning the appeal, but the decision came much quicker than he anticipated. 

"In this case, I think the errors were so clear that they were able to come to a determination right away," Nanda said. 

CBC News asked Alberta's justice ministry and the Anglican Diocese of Edmonton to comment on the outcome.

A spokesperson said the diocese is not able to comment on cases before the courts. A spokesperson for the justice ministry said the government is reviewing the decision but is not able to comment further. 

If neither defendant appeals the decision, there will be a common issues trial, where Justice Henderson will determine the issues that are shared among all of the class members.