Sex assault lawsuit survives Laurentian’s insolvency process

Laurentian University in Sudbury, Ontario. (Alana Everson/CTV News)

A woman suing Laurentian University for $5 million for allegations of sexual assault in the 1970s can continue her case despite the school’s insolvency process.

The woman said she was sexually assaulted by a University of Sudbury professor in 1978, became pregnant as a result and later miscarried.

Under the Companies’ Creditors Arrangement Act (CCAA), all outstanding claims against LU should be resolved before the university emerges from creditor protection.

In this case, however, lawyers for both Laurentian and the monitor of the insolvency process agreed to sever the case. After losing a ruling in June, the judge told the sides to get together to find a way to move forward.

Her lawyer, Aron Zaltz of Preszler Injury Lawyers, told CTV News in an email that the sides eventually agreed to remove the case from the CCAA because even if his client wins, LU wouldn’t have to pay the damage award.

“The basis of that consent was the existence of insurance, which presents equitable grounds to claim against the restructuring entity's indemnity,” Zaltz said.

“This insurance was brought to light by Laurentian's restructuring counsel after the hearing of (his client’s) motion in April and before the release of the Chief Justice's decision in June.”

The suit details alleged sexual assaults that took place in 1978 and 1979.

None of the allegations has been proven in court.

Barbara Jean Robinson was a 26-year-old student whose professors included Prof. John Sahadat, a philosophy and religion teacher at the University of Sudbury. He passed away in 2021.

According to the lawsuit, Sahadat arranged to see Robinson alone “under the guise of the above-described position of trust and authority."

The professor used his position of power over his client to coerce her into sex acts, the suit said, as well as “not to report or otherwise reveal it.”

He used his position “to exert undue influence and control over her, and to prey upon her by sexually abusing her.”

The University of Sudbury, and by extension LU, facilitated the abuse by providing Sahadat the means to gain control over Robinson, the suit said.

“The plaintiff, Robinson, alleges that she has suffered, and continues to suffer, physical, emotional and mental pain and suffering and loss of enjoyment of life,” the suit said.

She spent several years struggling to deal with effects, and will continue to require medical treatment and “psychological counselling … throughout her lifetime.”

In its staement of defence, Laurentian denied all accusations against Sahadat and denied that it was liable in any way. It also made a crossclaim against the University of Sudbury, claiming it should be liable for any damage award, should there be one, as well as all of Laurentian's costs when it comes to defending the claim.

If it proceeds, the suit would be heard in Hamilton.