2nd lawsuit filed against King's, Dal, Anglican diocese in Wayne Hankey case

A man who says he was sexually assaulted by former Halifax professor Wayne John Hankey in 1982 has filed a civil lawsuit against the professor's estate, the University of King's College, Dalhousie University and an Anglican diocese.

The man, whom CBC News is not naming because he was previously a complainant in a criminal case against Hankey, alleges he was a student in the Foundation Year Program at King's in autumn 1982 when he attended his first tutoring and mentoring session with the professor at a residence on campus.

"As the tutoring and mentoring session progressed, Hankey inched his chair ever closer to the plaintiff," reads the statement of claim. "Hankey then put his hand on the inside of the plaintiff's gym shorts and ran his hand towards the plaintiff's genitals. The plaintiff, in shock, ran out of the room and withdrew from King's shortly thereafter."

The lawsuit, filed through Wagners Law Firm, claims general damages for pain and suffering, as well as special, aggravated and punitive damages and legal costs.

In 2021, Hankey was charged with sexual assault, gross indecency and indecent assault involving three male complainants for incidents they allege occurred between 1977 and 1988.

Hankey died in 2022, just a month before the first trial was scheduled to take place. He had pleaded not guilty to all charges.

One other civil lawsuit involving allegations of assault against Hankey is ongoing.

Hankey taught at both King's and Dalhousie for decades, and was an Anglican priest until the church stripped him of his right to practise as a minister in 1991 after a man came forward with an accusation of abuse dating back to the late 1970s.

The new lawsuit, filed in the Supreme Court of Nova Scotia last week, names the Diocesan Synod of Nova Scotia and Prince Edward Island as a defendant and notes the plaintiff was a practising Anglican at the time.

The statement of claim says Hankey used his position as professor, tutor and director of the Foundation Year Program at King's, as well as his status as special lecturer at Dalhousie and ordained minister of the Anglican Church to sexually assault the plaintiff.

The lawsuit claims King's, Dalhousie and the Church had a duty to protect the plaintiff from abuse and should have known he did not have the "qualifications or character" to hold his titles.

It also says the defendants should have known Hankey had "displayed abusive and sexual exploitative tendencies" and that they failed to identify warning signs or investigate allegations and suspicions of inappropriate and illegal conduct.

Review and recommendations

After the criminal allegations became public, King's announced an independent review of accusations against the professor, and hired Toronto law firm Rubin Thomlinson to investigate and file a report.

It was released last month, and concluded that Hankey "engaged in a pattern of predatory and abusive behaviour towards some young men" that included subtle solicitation, sexual suggestion, homophobic remarks and sexual assault.

The report's authors recommended King's compensate victims financially when warranted, and settle any legal actions related to the case.

William Lahey, the president and vice-chancellor of King's, publicly apologized to victims and accepted the findings and recommendations of the Rubin report.

Lahey has stated that the university is interested in compensating victims where warranted.

Liam O'Reilly, a lawyer for Wagners, said in a statement Monday: "We hope that King's will fulfil their obligations as set out in the Rubin report and continue to take a survivor-focused approach.

"Traditional litigation often re-victimizes survivors of sexual abuse, and it is not a step that we take lightly. However, our primary responsibility is to act in the best interests of our clients and right now that means commencing the court process to seek vindication for the survivors of Dr. Hankey's abuse."

A spokesperson for Dalhousie University declined to comment on the new lawsuit but said the school is "committed to following through on the important recommendations outlined in the Rubin report."

A spokesperson for King's declined to comment on the new lawsuit.

The bishop of the Anglican diocese, Rev. Sandra Fyfe, said she could not comment while the case is before the court.