Arguments begin in proposed $25M abuse lawsuit filed by former Sask. private Christian school students

Arguments have begun in a proposed $25-million abuse lawsuit filed by former students of a private Saskatoon Christian school.

"We're here to right an absolutely terrible wrong that's occurred in this province for decades. Everyone turned a blind eye to it, including the government," the students' lawyer, Grant Scharfstein, told reporters outside court Friday.

"The people that have done these things have to be accountable."

The lawsuit was filed last year following a series of CBC News stories about the Legacy Christian Academy and adjacent Mile Two Church in Saskatoon. Dozens of students said they were physically, emotionally and sexually abused. The abuse allegedly included severe beatings with large wooden paddles, exorcisms and solitary confinement.

Many students have also filed criminal complaints. Charges have been laid against three officials.

On Friday morning, there were about 30 students and supporters gathered outside the Court of King's Bench in Saskatoon.

"It's great to finally be in court now. It's good the ball's rolling," former student Caitlin Erickson said. "It's a day a lot of people never thought would come."

When the former students entered the courtroom, more than a dozen lawyers were already there, seated at tables and in the gallery. Others participated via telephone.

The school and church officials, none of whom appeared to be present, are represented by some of the most prominent lawyers in the province.

They include Gord Kuski and Jim Ehmann, who represented Catholic church bodies during a national dispute over residential school survivor compensation and Scott Spencer, who successfully defended farmer Gerald Stanley following the death of Colten Boushie. The Saskatchewan government is represented by Ministry of Justice senior Crown counsel Jared Biden.

Scharfstein, the students' lawyer, has more than 40 years experience in civil litigation.

Sides disagree when statement of defence should be filed

On Friday, Scharfstein argued in court that the school and church officials need to file a statement of defence so the students can see what they're facing.

"It's unfair for the plaintiffs to be forced to proceed in a vacuum...this information is necessary to determine the real issues," Scharfstein said.

Lawyers for the former school officials disagreed. Kuski said Saskatchewan courts typically wait until after a lawsuit is "certified" before requiring statements of defence, although he admitted things are more flexible in places like British Columbia and Ontario.

Kuski told the judge that if he ruled in the students' favour and went against Saskatchewan "practice and custom," he'll find himself "sitting in a corner by himself" when he next meets with fellow judges.

Biden agreed, saying this "is a complicated claim, by any measure." He noted there are already 25 defendants, with possible future additions, and that the allegations span a 40 year period.

The matter has been reserved. The next court date is unknown.

Kuski and Biden declined interview requests.