File No, C1 45.04. ‘THE QUEEN'S BENCH WINNIPEG, CENTRE BETWEEN: BRENT FROESE, as Litigation Guardian for COLE FROESE, nd - EVERGREEN SCHOOL DIVISION, EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES, PAUL D. CUTHBERT, DANIEL PONA, TYLER MORAN and LEONA GROOT, Pains, Defendants. STATEMENT OF CLAIM TAPPER CUDDY LLP Barristers and Solictors 1000 = 0 St Mary Avene Winnipeg, Manitoba ROC 325 Richard M, Beamish, counselfor the Plaintif Telephone: (204) 944-3268, Facsimile: (204) 947.2563 Fle No: 131608To: AND TO: ano To: AND To: EVERGREEN SCHOOL DIVISION EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES 140 Centre Avene W. P.0. Box 1200 Simi, Manitoba Roc 180 PAUL D. CUTHBERT lo Gini High Schoo! '52 Seventh Avenue ‘Girl, Manitoba ROC 180 DANIEL PONA clo Gimi High Schoo! 52 Seventh Avenue ‘Gini, Manitoba Roc 160, TYLER MORAN clo Gil High Schoo! 52 Seventh Avenue Gini, Martoba Roc 180 LEONA GROOT lo imi High School 52 Seventh Avenue Gini, Mankobs ROC 1801. The Paint aims: 8) general damages } special damoges: ©) sggravated/pnitive damages: intrest 6) costs. ona soctor and his-own-lent basis and ) such futher and other rele as this Honourable Court may permit or 28 counsel may advise, 2 The Plaintif, BRENT FROESE, commences this action as Ligation Guia forbs eon, COLE FROESE born May 8, 1686, aninfant, who resides inthe Rural Municipality of Gimli the Province of Manitoba, and is herelnater referred to as “Cole” 3. The Defendant, EVERGREEN SCHOOL DIVISION, hereinafter refered to 2s the Defendant “Schoo! Division’, is located inthe Rural Municipality of Gimli the Province of Manitoba, and operates and is responsible for the administration, staf, policies and conduct of the Giml High Schoo! where Cole was a student in Grade 9 forthe school year 2012/2013, 4. The Defendant EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES, hereinater refered to a5 the "Trustees", is located in the Rural Municipality of Gini, in the Province of Manitoba, and is responsible forthe administration, the policies and the implementation of polices ‘6 the School Division an, in tum, the schools within the jurscction. The Defendant, PAUL D. CUTHBERT, was, tall material times, the Superintendent and ‘CEO of the School Division,6. The Defendant, DANIEL PONA, was @ schoo! Principal ofthe Gimli High Schoo! while Cole was 2 student, 7. The Defendent, TYLER MORAN, was the successcr Principal to Principal Pons at Gini High School 8. The Defendant, LEONA GROOT, was, at all times material hereto, the Vice Principal of Gent High School 9. The Pisin states that Cole attended Dr. George Johnson Middle School during which time, in 2011, he began to experience harassment and bullying by certain students in the schoo! Complaints were made by Cole's parents to the schoo at the time and the school responded to the conduct in an appropiate manner. 10. The Plant states futher that Cole was enrolled to attend Gimli High Schoo! for the 201212013 school yearn Grade 9, the frst year during which he could attend that school, Cole \was transported fo and from schoo through bus ransportation provided by the School Divison 11. The Plaintif states further tht, beginning almost immediately upon Cole's attendance at Gimli High School, he was subjected toa renewed pattern of harassment which included verbal _ssaults, damage tohis property and physical Violence to his person by certain students simiely enrol atthe schoo 12, The Plant states that complaints wore made tothe echo! authotioe; in partiular, to former principal Pona and Vice-Principal Groot to respond tothe Issue as required by The Public ‘Schools Ac, the Safe Schools Charter and the poles ofthe Maritoba schoo! system for dealing ‘with bulying behaviour. 19. The Plant states that, n spite of making complaints, the conduct against Cole contied throughout the school year, becoming more frequent, more harassing, and escalating in volence, threats of volence and a variety of similar types of conduct. 14, The Plant states further that he and his wife made numerous complaints to schoo! ‘utheries, including Buperintendent Cuthbert: however, ite effort wes mi fe to respond, tortervene, orto take steps of any measures to deal with the complaint adequately o at all adress the issues with the individuals perpetrating the bulying and harassing behaviour. 15, The Plant state futher that, 26a result ofthe escalating nature andthe type of conduct 2f bulljing, including physical assaults causing injury to Cole, they reported the matter tothe: ROMP who commenced an investigation. 16. The Plaintif lates further that the Defendants not only failed to respond tothe police volvement but filed te cooperate wih the investigation, inlerfered with the investigation anc stherwise continued ther patie of fling to respond tothe concerns of Cole's parents and the: olce whle the conduct of buying against Cole continued 17. The Plainif states further thet the Defendant Pona, in fac, responded by teling Cole's arent that he should “work out” and other responses which made it clear that they were not repared ointervene or assit in responding tothe concems of Cole's parents and the continued ‘arassment,bulljng and assaults. Moreover, insinuallons and statements atributed foul and ‘esponstilty to Cole. 18. The Plait states that, upon Cole enrling and attending Gill High School, the School Divison had a duty to provide an educational environment fee from harassment and bullying, ‘eluding during the transportation to and from school, while on school premses and under the lusditonicontrol ofthe echeol. Further, the school had a duiy to enforce rues of conduct, the Safe Schoofs Chater, the provisions of The Putlic Schools Act and the Schoo! Board policies. wth 2 duty to supervise, respond, intervene and to take steps and measures to deal with complaints of bullying 18. The Plant states futher thatthe Defendants breached their duty by fling to curb, ‘espond to, and prevent futher incidents, by falling to deal wit the perpetrators ofthe buying, 2 fling o respond to the complaints ofthe parents ina posve and productive manner, and by ‘alin to respond or asset the RCMP in its investigation of the conduct on a ciminal evel and to athervise meet ther obigations and duties imposed under The Public Schools Act, the Safe Schools Charter, the Code of Conduct andthe policies ofthe School Division related to bullying,20, The Paint states futher that, inthe crcumstances, this breach of duty bythe Defendants resulted in escalated physical and psychological harm to Cole, stress, and damage to his education and educational possiblties while tying to study and leam in an unhealthy schoo! environment that was deleterious to hislearring 21, The Plaintif states further that the conduct and inedents occurred onthe echo! bus and ‘school premises, in the school itself, and additonal through eyber social mesa, ultimately forcing Cole to have to enlln high school in elk, Manitoba in otder to physically be removed from the unhealthy learning environment and continued threat of harm, both physicaly and psychological. 22, The Plaintif states furthor that, n the cxcumsiances, Cole has suffered damages as a result he conduct ofthe Defendants and that such conducts edltonaly tractive of punitive ‘and aggravated damages tobe proved and quantified at the tral ofthis action, 26. The Plaintif therefore claims against the Defendants as set out above, jointly and severally, Date: March 18, 2018 ‘TAPPER CUDDY LLP Baristers and Soitors "1000 ~930 St ary Avenue Winnipeg, Manitoba Rac 225, Solicitor, Richard M. Beamish‘THE QUEEN'S BENCH WINNIPEG, CENTRE BETWEEN: BRENT FROESE, as Litigation Guardian for COLE FROESE, Pent, sand= EVERGREEN SCHOOL DIVISION, EVERGREEN SCHOOL DIVISION BOARD OF TRUSTEES, PAUL D. CUTHBERT, DANIEL PONA, TYLER MORAN, and LEONA GROOT, Defendants. TO THE DEFENDANTS: ‘A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by te plaitif. The dlaim made against you is set outin the folowing pages. IF YOUWISH TO DEFEND THIS PROCEEDING, you ore Manitoba lawyer acting for you ‘must prepae a statement of defence in Form 18A prescribed by the Queen's Bench Rules, serve ton the paint’ lawyer or where the plant does not have alawyer, serve Kon the plainti,and fie tn this cour office, WITHIN TWENTY DAYS aftr this atatement of claim served on you, ityou are served in Manitoba, I you are served in another province or teritory of Canada o: inthe Urted States of ‘America, te period for serving and fing your statement of defence forty days, Ifyou are served cutside Canada and the Unted States of America, the perod is sty days IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGEMENT MAY BE GIVEN ‘AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. Deputy Registrar Adress of court ofc: 4000 - 408 York Avenue Winnipeg, Mantoba RAC OPS dele: MNO 14 ania lesved by: