Royal Winnipeg Ballet settles $10M class-action lawsuit over instructor’s photos of students | CBC News

“It’s been a very long, difficult road for the women who’ve been involved in this case,” said lawyer Margaret Waddell of the Waddell Phillips law firm. “I think that they all feel a sense of relief, that they’ve reached a resolution and that there will be some closure.”

The class-action lawsuit got underway in 2016 and was approved by the courts in 2018.

The lawsuit maintained the company failed to protect students and breached fiduciary duties to students.

Lead plaintiff Sarah Doucet alleged Monk pressured her into being photographed partially nude as a teenager.

“There’s a lot of us that suffered and continue to suffer,” she said Tuesday, responding to the settlement.

“But … I’m really relieved. I think that this is hopefully going to give permission to a lot of women to finally tackle this and be able to get some closure and feel OK.”

The settlement states the agreement is a “compromise of disputed claims, without any admission or findings of liability or wrongdoing” against Monk or the RWB. 

CBC News has reached out to Monk’s lawyer for comment. He has previously denied the allegations, court documents say. 

The lawsuit didn’t allege Monk’s conduct was criminal. It focused on allegations he abused a position of trust and power.

He worked as an instructor and photographer for the RWB from 1984 to 2015. 

Some RWB students allege during that time he took nude, semi-nude and sexualized photos of them in private, some of which were posted or sold online without consent. 

Waddell said lawyers identified 50 to 70 former students who had nude, semi-nude or sexualized photos taken of them, but she estimates there could be more.

The RWB said in 2015 it had no prior knowledge of the multiple allegations, though the ballet company did say it received an anonymous email in 2013 outlining allegations of inappropriate behaviour.

“As soon as we learned of the investigation into Monk’s actions, he was suspended,” RWB said in a statement Tuesday.

The RWB fired him in 2015. He later volunteered and did contract work for Ballet Victoria, which subsequently cut ties with him as well.

Winnipeg police investigated but never charged Monk; Manitoba Justice prosecutors recommended against charges, saying a conviction was unlikely.

Waddell believes there were people in the RWB administration who knew what was going on prior to 2015 but failed to “appreciate the impropriety of it.”

“I don’t think that they understood or appreciated where the line crossed between the body as an instrument of art and dance and using it for improper purposes,” said Waddell.

Compensation could begin next year

The RWB will pay $10 million to claimants and cover legal and administrative expenses.

Nearly a quarter of the settlement — $2.25 million plus taxes and other costs — will go toward legal fees.

The rest will go to students and their families through a series of funds, including a student fund.

A claims administrator will decide whether a student is eligible for compensation through the student fund. How much each receives will be based on levels of harm suffered, according to Waddell Philips.

Family members of affected students can also receive up to $2,500 each from $500,000 set aside for this purpose.

Another $500,000 is earmarked for a health services fund for eligible students to make a request for a one-time payment of $1,000, regardless of whether an adjudicator determines those students have suffered other harms associated with being photographed by Monk.

Affected students can receive some of the settlement by making a declaration within the next 12 months. They may also include supporting documents, including photographs or witness statements, though evidence is not required, the legal team said. Claims will be anonymized.

Safety ‘highest priority’

Waddell said a significant part of the settlement is that RWB has agreed apologize.

The RWB wouldn’t comment further until after the settlement approval hearing Feb. 11.

“The safety of our students, staff and dancers remains the highest priority for us and we continue to work with organizations like the Canadian Centre for Child Protection to ensure our policies and procedures at the RWB do all they can to provide a safe environment for everyone,” the company said in a statement.

Waddell said it’s important the RWB recognize students and women training at elite levels can be abused by people in positions of authority.

“What Ms. Doucet and the other women who helped in prosecuting this case achieved was the safety of the future generations at the school and hopefully at other schools like this,” she said.

Doucet hopes the settlement sets a precedent for institutions involved with young people in dance, sport and beyond. 

“I left the ballet at 18, but I had a full career in contemporary dance and that was my dream.… Everything I do now comes from that,” she said.

“It would be good if at some point in time … we could go through those things unscathed and unharmed.”