School division denies responsibility for disgraced coach’s behaviour

Pembina Trails School Division has again argued it can’t be held legally responsible for convicted sex offender and disgraced football coach Kelsey McKay’s actions against his players.

The division made the argument in responding to a Court of King’s Bench lawsuit filed in March by one of McKay’s former players.

The student, whose name has been struck from court records, accuses the school division of negligence and breaches of duty and argues it should be held liable for the actions of former physical education teacher McKay, who’s now an inmate in a federal prison in Alberta.

The plaintiff attended Vincent Massey Collegiate from 2014 to 2018 and played on the varsity football team, he says in the court filing. He alleges he was sexually and psychologically abused by McKay from about 2014 to 2021.

Pembina Trails argues the former student’s lawsuit should be dismissed by the court.

“Any inappropriate behaviour, as alleged, between the plaintiff and McKay was outside the scope of McKay’s role and duties as a teacher, coach and employee of the division, and as such, the division is not vicariously liable or liable in any way for McKay’s alleged acts,” reads the statement of defence, filed Wednesday.

The division claims it did not breach any duty to the former student. It also argues that school officials had an adequate reporting system in place for abuse of authority.

The school division acknowledged that families raised concerns and complaints about McKay having improperly close contact with players prior to 2018, but denies those concerns were inadequately addressed.

It argues school division officials ordered McKay to stop texting and meeting individually with students and take various training courses, among other actions, as a result of the complaints.

The school division also filed a third-party claim against McKay, which seeks to have him held responsible for or to contribute to any financial damages for which it’s found liable. The third-party claim also seeks costs for the division from McKay for defending itself from the lawsuit.

The claim filed in March is the second lawsuit against Pembina Trails over McKay’s abuse.

The first suit, involving three other former Vincent Massey Collegiate students, was filed in the fall by the same lawyer handling the second lawsuit.

The school division also denied it can be held liable in response to the first lawsuit, which it also asked be tossed out of court.

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 pleading guilty in 2023 to nine counts of sexual assault and two counts of luring against students and football players at Churchill and Vincent Massey.

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.

The plaintiffs in both lawsuits, which remain before the court, do not appear to be among the victims in the criminal case against McKay.

erik.pindera@freepress.mb.ca