Dr. Paul Axelrod

This is an appeal from a common issues trial judgment in a class proceeding.

The class, comprising former boarding students of Grenville Christian College, alleged systemic negligence and breach of fiduciary duties due to abusive practices including corporal punishment and public humiliation.

The trial judge found class-wide breaches and awarded punitive damages.

The appellants sought to set aside the judgment, arguing errors in the trial judge's use of expert evidence and treatment of defence evidence.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings of systemic negligence and breach of fiduciary duty, and that punitive damages were warranted, concluding that the trial judge's assessment of evidence and application of legal principles were sound.

The plaintiffs, former boarding students of Grenville Christian College, brought a class action against the school and the estates of its former headmasters for systemic negligence and breach of fiduciary duty.

The court found that the school operated as a 'total institution' and employed abusive, arbitrary, and humiliating disciplinary practices, including excessive corporal punishment and public shaming, which fell below the standard of care for educational institutions in Ontario.

The court concluded that the defendants breached their duty of care and fiduciary obligations to the students, and that their conduct merited an award of punitive damages.