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    Statement of Defence

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    Riley
    Statement of Defence issued in 2015.

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    Statement of Defence

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    Riley
    8K views7 pages
    Statement of Defence issued in 2015.

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    © © All Rights Reserved

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    Statement of Defence issued in 2015.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    8K views7 pages

    Statement of Defence

    Uploaded by

    Riley
    Statement of Defence issued in 2015.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Download as pdf
    of 7
    File No. C1 18-01-94495 ‘THE QUEEN'S BENCH ‘Winnipea Centre ( BETWEEN: BRENT FROESE, 19 Litigation Cusrdian for COLE FROESE Pint, and EVERGREEN SCHOOL DIVISION, EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES, PAUL D. CUTHBERT, DANIEL PONA, TYLER MORAN ‘and LEONA GROOT Defendants STATEMENT OF DEFENCE OF THE EVERGREEN SCHOOL DIVISION, PAUL D. CUTHIOERT, DANIEL PONA, TYLER MORAN and LEONA GROOT _ FILED 7 (SQ) QUEFN'SBENCH Aus 29 a FILLMORE RILEY LLP Baristas, Solon & TaceMark Agets AW COURTS 1700 = 360 Main Sweet WINNIDEG ‘Winnipeg, Mantcba R30 923 Telephone: 204-957-8353 Facsimile: 204.954-0353, BERNICE R. BOWLEY Fle No, 404408-81/8R5 File No, 61 15-01-94495 ‘THE QUEENS BENCH Winnipea Centre BETWEEN; BREVT FROESE, 48 Litigation Gusrdian for COLE FROESE Plant, sand EVERGREEN SCHOOL DIVISION, EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES, PAUL D. CUTHBERT, DANIEL PONA, TYLER MORAN ‘and LEONA GROOT Defendants TEMENT OF 1 the Evergreen School Division, Paul D. Cuthbert, Daniel Pona, ‘Tyler Moran, and Leona Groot (hess “Defendants) admit the allegations contained in paragraphs 2,3, 6 6, 8, and 10 of the Statement of Claim, 2. These Defendants deny the llegations contained in paragraphs 9, 11, 12, 13, 14,16, 17, 18, 19, 20,21, 22, and 28 ofthe Statement of Clim and that the plant is Cente to the relief set cut in paragraph 1 ofthe Statement of Claim, 3. In further answer to paragraph 2 of the Statement of Claim, these Defendants ‘say that Cole Froese wil be 18 years old on May 8, 2016 4, Imanswer to paragraph 4 ofthe Statement of Ciaim, these Defendants sey that the claim has been dlscontinued as against the Evergreen School Division Board of Trustees on the basis of subsection 31) of The Publ Sehools Act which established ‘every school board a body corporate under the name of the Dision rooes 21841 5. In anawor to paragraph 7 ofthe Gtotement of Clan, and to the whole of the Statement of Ciaim, the defendant Tyler Moran became priscipl at Gimli High Schoo! forthe school year 2013 to 2014 and had no contact with the plant, r Cole Froese, or (Cole Froese's family, nor any contact with the RCMP or involvement in its investigaton. He had rot yet assumed the postion of principal at the Gimli High School at he time of the acts and omissions alleged in the Siatement of Ciaim and he is not property a paty tothis action ©. _Infurther answer to paragraphs 5 6,7, and 8 ofthe Statement of Clam, ond to the whoo ofthe Statement of Cia the individual defenders say that at all materals times they were acting within the scope of ther employment withthe Evergreen School Division, which Is legally responsible for any acts or emissions occuring within the s29pe of their employment, and that they ought not fo be named a individual celendant 7, Inanswerto paragraph 9 ofthe Statement of Claim, these Defendants say tat in ls response to the cleims of alleged bulying at Dr. George Johnson Middle Schoo, Division personnel folowed the Division's usual polices ond procedures. Aer ‘wvestigaton, Division personnel determined that Cole Froese was not only a recipient of ‘proper student on student bohavio, but that he alee paticpated in improper student on student behaviour, 3. Ianewer to paragraph 10 of he Statement of Claim, these Defendants say that they were advised by Cole Froese's mother, Karen Froese, i or about January, 2013, that Cole Froese had no longer bean riding the bus since sami in November, 2012. 8. In further answer to paragraphs 11, 12, 13, and 14 of the Statement of Claim, ‘hese Detendants: (2) deny that there was a renewed patter of harassment, (©) say that in 2012 to 2013, a group of students in Grade 10, including Cole Froese, exhibited certain behavioral issues and poor academic performance. That group of students appeared tobe fends, yel, at alternate times, took tune picking on one another, such that no single student inthe group was ever the sole victim or the sole aggressor, (©) saythat the Division, former principal Pona, and vce principal Grot appropitly adresse all matters of reported harassment. proper verbalinsuts, damage, and physical contact and responded to ne ‘ssues presented by this group of students a requied by The Public Sohoos Act, the Safe Schools Chater, and the polices ofthe Manitoba school system: (8) saythat methods of aderessing these lesues including meetings ath students, pares, and teachers, disipine, restitution, implemeriaton of student and classroom specie strategies to assist in bringing about postive behavioral changes, including the FIRE program, and ‘engagement a constant from the Manitoba Schoo improvement Program. 10. In answer to paragraph 15 of the Statement of Cai, these Defendants say that the plaintif took it upon himself to report his complaints to the RCMP. To the

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