B.C. Supreme Court has dismissed legal claims by two hockey players and another man who alleged they were sexually abused by a hockey coach, then a member of the Abbotsford RCMP.
“I conclude that a fair trial is no longer possible as a result of the repeated delays on the part of the plaintiffs and the failure of the plaintiffs to abide by clear direction from the court regarding the steps necessary to schedule a fair trial,” Chief Justice Christopher Hinkson said in a July 21 decision released July 24.
Plaintiffs Robert Callan, Thomas Thiessen and Travis Piers each filed suits against Donald Cooke and the Attorney General of Canada in 2011, 2015 and 2019, respectively.
Each alleged Cooke sexually assaulted them in or about the years 1982 to 1985.
But, Hinkson said, the delays have caused memories to fade and witnesses have died.
“The allegations of sexual assault against Mr. Cooke are serious and impugn his character,” the judge said. “I conclude that the defendant Cooke has suffered prejudice as a result of the delay in the prosecution of the actions before me.”
The three plaintiffs also alleged the Attorney General of Canada was vicariously and statutorily liable for the actions of Cooke, as he was a member of the RCMP at the time of the alleged assaults.
Cooke has denied the allegations and made three attempts in court to have the suits dismissed.
The Attorney General of Canada denied the allegations with respect to Cooke, and disputed the allegation of vicarious or statutory liability for Cooke’s alleged conduct.
In 2021, Hinkson declined to dismiss the actions but told the plaintiffs they needed to move their actions forward in the interests of justice.
“I am satisfied that the interests of justice entitle the defendant Cooke to see the end of the litigation against him with greater certainty than he presently has, and that the three plaintiffs must advance their claims with greater dispatch than they have demonstrated to date,” Hinkson said at the time.
The judge gave the plaintiffs several 2022 deadlines to move the suits forward.
“None of the peremptory time requirements have been met by the plaintiffs,” Hinkson said. “I am disappointed by the plaintiffs’ cavalier approach to the time requirements that I set in December 2021.”
Hinkson ordered that Cooke receive costs against the plaintiffs.
