Residence Society denies all responsibility in sexual assault case

University claims to have followed "reasonable measures" to guarantee safety and security policies in Victoria Hall

Victoria Hall.
Credit: 
Journal file photo

The Residence Society has denied all liability in a sexual assault lawsuit recently brought against the University, according to a statement from their lawyer Michael Hickey. 

Hickey is also the lawyer for the AMS and The Journal.

“The Residence Society denies that there is any liability on the part of the Residence Society for the alleged instances described in the lawsuit,” Hickey wrote to The Journal in an email.

“As the matter is before the Courts, there will be no further comment by the Residence Society at this time.”

As previously reported in June, a former residence advisor is seeking nearly a million dollars in damages from Queen’s and defendants Ali Erfany and Mustafa Ahmadi in the Superior Court of Justice following multiple occasions of physical and sexual abuse.

At the time of the 2014 alleged assaults in Victoria Hall, both defendants were employees of the Residence Society.

In her claim against the University, the plaintiff alleges Queen’s is vicariously liable for the assaults. She also claims that Queen’s doesn’t sufficiently educate students about sexual violence.

In a June 6 statement of defence, Queen’s denied all vicarious liability for the assaults, according to documents obtained by The Journal.

Queen’s claimed that because Erfany and Ahmadi were employees of Residence Society and not the University, Queen’s is not responsible for the incidents.

In its statement, Queen’s described the Residence Society as a “separately incorporated entity” and filed a crossclaim against the two defendants stating they “were acting entirely outside the scope and authority, express or implied, of their roles with Queen’s.” 

Queen’s also stated Erfany and Ahmadi acted “without the knowledge or acquiescence of Queen’s.”

In an interview with The Journal in June, the plaintiff said, “before and after these incidents, I didn’t feel safe in my learning environment, and also in my working environment, being an employee.”

In response to their statement, Queen’s denied that Victoria Hall was unsafe, stating it took “reasonable measures” to guarantee safety and security policies were followed. 

The University requested the plaintiff’s damages claim be dismissed, stating they’re “excessive” and “exaggerated.” 

Queen’s also denied any contribution to the plaintiff’s alleged “negative life experiences.”

 

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