School division hit with second lawsuit over sex offences

Another former student football player is suing Pembina Trails School Division for allegedly failing to protect him from coach Kelsey McKay, who has been convicted of sex offences.

The student, whose name has been struck from court records, filed his statement of claim in the Court of King’s Bench late last month, accusing the school division of negligence and breaches of duty.

The plaintiff attended Vincent Massey Collegiate from 2014 to 2018 and played on the varsity football team, he says in his court filing, which argues the division should be held liable for the actions of former physical education teacher McKay, who is serving a federal prison term.

“The plaintiff came into regular contact with McKay, during which time McKay established an intimate relationship (with the plaintiff) and whom the plaintiff looked up to, trusted and feared during the course of his interactions with him,” the court documents say.

“Beginning in about 2014 and carrying through to about 2021, McKay sexually assaulted, psychologically abused, manipulated, bullied, groomed, lured, exploited and harassed the plaintiff.”

The lawsuit claims McKay communicated with the student in isolation and used his authority to prey on him through messaging and texting, and in person. It says the coach disclosed his sexual preferences to him and sexually assaulted him.

McKay, now in his mid-50s, worked and coached football at Churchill High School for nearly two decades before moving to Vincent Massey in 2009 to teach and set up a football program.

He was sentenced to 20 years in prison in October 2024 after being convicted of nine counts of sexual assault and two counts of luring against students and football players at Churchill and Vincent Massey.

McKay had pleaded guilty to the charges in 2023.

The offences happened 10 to 20 years ago when McKay was in his 30s and 40s. Most of his victims were between the ages of 15 and 18.

McKay was charged in April 2022, although many in the high school football community had heard allegations about him long before criminal charges were filed.

Prior to the plaintiff graduating in 2018, the court filing says, parents of students and players raised concerns about McKay’s behaviour to principals and vice-principals at Vincent Massey, and with superintendents and assistant superintendents at the school division.

“Concerns and complaints were raised which were inadequately addressed by (Pembina Trails), thereby permitting McKay to continue to engage in his inappropriate behaviour and exposing subsequent students and players to exploitation, harassment and abuse, all of which could have been avoided if the interests of the students had been acted upon in a timely and diligent manner, which they were not,” the court filing claims.

The lawsuit claims the division failed to take necessary precautions to evaluate McKay’s “propensity to engage in the inappropriate behaviour and other abusive behaviour, thereby neglecting the overall safety of students and players.”

The court filing argues that McKay committed his abuses while in a position of authority granted by the school division, making it vicariously responsible and liable for his actions and directly liable for the failures of its employees to ensure students were safe.

Further, the division was aware or ought to have been aware of McKay’s propensity for “deviant behaviours” and that he was abusing kids, given the concerns raised about him and his concerning behaviour, the lawsuit claims.

The plaintiff says he has suffered mentally and emotionally as a result of the school division’s conduct. He is seeking various unspecified damages, including expenses for counselling.

The lawsuit is the second court action against the school division in relation to McKay in recent months. Both civil claims are being handled by the same lawyer, Keith Ferbers.

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Three former students who played football at Vincent Massey under McKay filed a statement of claim in the fall, alleging abuse and arguing that the division should be held liable.

Pembina Trails has denied it should be held responsible in response to the September claim, but has not yet responded to the March lawsuit.

Both lawsuits remain before the court.

The plaintiff in the recent lawsuit and the earlier lawsuit against the school division do not appear to be among the victims in the criminal case against McKay.

erik.pindera@freepress.mb.ca

Erik Pindera
Reporter

Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020.  Read more about Erik.

Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.