The legal fallout from a teacher convicted of sexually
abusing his students is continuing for School District 57.
A notice of claim was filed Nov. 2 on behalf of a man
seeking $3.2 million in damages from the school district for the abuse he
allegedly suffered at the hands of Wendell Diakiw.
The plaintiff, identified only by his initials, says he was
one of the six victims for which Diakiw was sentenced in February 1988 to five
years in prison.
The notice of claim sets out a lengthy list of acts Diakiw
is alleged to have committed against the plaintiff, starting in the 1978-79
school year when he was a student in Diakiw's Grade 4 class at Austin Road
Elementary School in Prince George.
Some occurred on school district premises and others in
Diakiw's home under the guise of school-sanctioned piano lessons, according to
the claim.
Diakiw "groomed and sexually abused the Plaintiff on a
repeated basis," and was using his position and the opportunity, power and
trust which is provided to further his attempts to manipulate the Plaintiff and
engage in deviant activities," the claim variously reads.
The claim further pleads that the school district was
negligent and failed in its duty to the victim by failing to confirm and
investigate Diakiw's credentials prior to appointing him to the position,
failed to recognize the pattern of behaviour Diakiw was engaging in with
certain students and other young boys and once it had become sufficiently
aware, failed to warn parents and students.
As a result, the plaintiff suffered "guilt, shame
and humiliation; impairment of his opportunity to experience a normal
adolescence and adulthood; diminished capacity in school which lead [sic] to
him quitting high school..." the claim says in part.
Diakiw is believed to have died in July, according to the
claim.
The plaintiff is represented by lawyer Aaron Lealess
of Beckett Personal Injury Lawyers, based in London, Ontario. Lealess also
represented three men who, in 2017, also filed lawsuits against the
school district, as well as Diakiw, over similar claims.
All three matters were settled out of court. Details
on two of those settlements were not made public while
one received a public apology and $1.1 million in damages.
The school district has not yet filed a response to the latest notice of claim and the allegations have not been tested in court.
Published on November 10, 2022
