Harper Grey LLP

BARRISTERS

& SOLICITORS
3200650 West Georgia Street

Vancouver BC Canada V6B 4P7

Tel. 604 687 0411 Fax 604 669 9385
BRYAN G. BAYNHAM, Q.C.
DIRECT LINE: 604 895 2802
bbaynham@harpergrey,com
www.harpergrey.com

File Number: Pending

October 25, 2016

VIA EMAIL AND COURIER
Ministry of Education
PO Box 9045 Stn Prov Govt
Victoria BC V8W 9E2
Attention: Michael Bernier
Dear Mr. Bernier:
Re:

Demand for Retraction and Apology

I act for Michael (Michele) Lombardi, the deposed Chair of the Vancouver School Board and
three elected members of the board, Patti (Patricia) Bacchus, Joy Alexander and Allan Wong.
In a series of letters, media releases, and leaks to the press you have seriously defamed my
clients' good names and reputations by alleging that they created a toxic work environment by
bullying, harassing and intimidating Senior Staff at the Vancouver School Board, which
directly lead to six members of the Senior Staff taking medical leave at the end of September.
The allegation of bullying in the context of the education system is particularly troubling
given the efforts throughout the education system to avoid bullying and other intimidating
conduct.
The initial attack occurred as a result of your confirmation on October 3, 2016 to Global TV
and other media outlets that a complaint about bullying, harassment and intimidation of
Vancouver School Board staff by my clients had been referred to WorkSafe BC to conduct an
investigation. Global News treated the investigation as a "very serious" matter, which
resulted in a breaking news announcement on the Global 6 o'clock news and was immediately
picked up by all major media outlets in the Lower Mainland.
It was improper of you to confirm that your Ministry had requested WorkSafe BC to conduct
an investigation. The proper course to have followed would have been to do what WorkSafe
BC does and decline to comment on whether or not individual claims have been filed due to
privacy reasons. You also should have declined to involve WorkSafe BC in the dispute
because the suspect information provided to you by Ms. Sherry Elwood, the President of the
British Columbia School Superintendents Association. The information provided in her letter
to your Ministry, dated September 28, 2016 was suspect in that it was only hearsay evidence,
not a first-hand complaint by any of the senior staff at the Vancouver School Board. Had you
made inquiries of Ms. Elwood you would have learned that she was a former colleague of one
MEMBER OF THE TAGLAW INTERNATIONAL LEGAL. NETWORK'

Page 2

of the senior staff, which should have raised alarm bells that she may not be an impartial
observer.
To make matters worse, rather than let WorkSafe BC conduct its investigation and form its
own conclusions, you embroiled yourself in the public debate by issuing a letter to concerned
parents of students in the Vancouver School Board and by releasing a video recording, which
gave further credence to the unfounded allegations against my clients.
What you should have done on the outset of receipt of Ms. Elwood's letter is advise her that a
complaint could be addressed to the Vancouver School Board itself pursuant to its harassment
policy; alternatively the individuals involved who feel that they have been bullied, harassed or
intimidated could file a complaint with WorkSafe BC directly.
Had you followed this course the personal privacy of the individuals involved would not have
been compromised and the investigation could have proceeded by WorkSafe BC to determine
if there in fact was any bullying that caused the senior staff to take medical leave. As you are
well aware there was considerable stress experienced by the senior staff of the Vancouver
School Board given that you had initiated a forensic audit of the Vancouver School Board's
affairs regarding its spending. There was also pressure because of the pending closure of
various schools as mandated by the Ministry. Either or both of these issues could well be the
reason for the need to take medical leave as opposed to anything my clients did or said.
Your defamation of my clients culminated in your press conference on October 17th when you
accused my clients in the last few months, of causing "the workplace to become toxic for
staff" and then went on to use that as an excuse for dismissing the entire Board.
The implication that you left with the public at large was that my clients were bullies who
intimidated senior management to the extent that six of the senior management staff at the
Vancouver School Board found the situation so toxic that they had no alternative but to leave
en masse claiming medical leave.
My clients are not prepared to let these unfounded allegations go unanswered and have
instructed me to demand that the record be set straight and a full retraction and apology be
offered or the defamatory statements made of my clients that they are the cause of the senior
staff feeling it necessary to take medical leave.
Please provide me with a draft of your proposed apology and retraction within seven days of
the date ofthis letter.
My clients reserve the right to pursue all legal options open to them.
Yours truly,

HARPER GREY LLP

Per: Bryan G. Baynham, Q.C.
BGB/kda

Harper Grey 1,LP

BARRISTERS & SOLICITORS

3200650 West Georgia Street

Vancouver BC Canada V6B 4P7

Tel. 604 687 0411 Fax 604 669 9385
BRYAN G. BAYNHAM, Q.C.
DIRECT LINE: 604 895 2802
bbaynharn@harpergrey.com
www.harpergrey.com

File Number: Pending

October 25,2016
VIA EMAIL AND COURIER
British Columbia School
Superintendents Association
208 1118 Homer Street
Vancouver BC V6B 6L5
Attention: Sherry Elwood
Dear Ms. Elwood:
Re:

Demand for Retraction and Apology

I act for Michael (Michele) Lombardi the deposed chair of the Vancouver School Board as
well as three elected members, Patti (Patricia) Bacchus, Joy Alexander and Allan Wong.
According to a news story broadcast on Global TV on October 3, you were the source of the
allegations of bullying, harassment and intimidation by members of the Vancouver School
Board against its senior staff. These allegations seriously defame the good name and
reputation of my clients and require a retraction and full apology for those comments.
My clients deny that they have said or done anything that could justify these allegations.
They are particularly concerned that these allegations appear to be based on hearsay
statements offormer colleagues of yours, who were apparently alleged victims of abuse.
The appropriate course to follow would have been a complaint addressed to the Vancouver
School Board pursuant to its harassment policy. That policy applies to anyone who is
employed by the Vancouver School Board and allows anyone who feels that they have been
bullied, harassed or intimidated to have a confidential investigation into the allegations
conducted in the knowledge that the information provided will remain confidential, as would
the identity of the complainant.
To my clients' knowledge no staff member has filed a complaint or has anyone raised a
formal allegation against them. In fact, when the allegations you instigated with the media
came to Mr. Lombardi's attention he instructed the acting Superintendent to initiate an
investigation, all of which would have been done in confidence to avoid any reference to the
individuals involved and to avoid any publicity.

MEMBER OF THE TAGLAW INTERNATIONAL LEGAL NETWORK

Page 2

That investigation has been side tracked by the Ministry of Education taking the extraordinary
step of referring the allegations to WorkSafe BC. It has also resulted in the Minister of
Education releasing details of the investigation to the news media, which caused unfounded
allegations of bullying, harassment and intimidation to be made against my clients for a
second time.
Leaving aside the serious breach of privacy of the senior staff involved, the directive to
WorkSafe BC to embark upon an investigation based on hearsay has caused serious damage
to my clients' good names and reputations.
All of this could have been avoided had you advised the individual who contacted you to file
a complaint pursuant to the Vancouver School Board harassment policy or, alternatively, to
personally file a complaint with WorkSafe BC directly.
As WorkSafe BC has stated subsequently, that their investigation is conducted in private and
they will not "divulge if individual claims have been filed due to privacy reasons".
The damage caused to my clients as dramatically increased on October 17th when the Minister
of Education, at a press conference, in reliance on your letter of September 28th, accused Mr.
Lombardi and his colleagues of creating a toxic work place for staff. He then went on to
justify his dismissal of the Board on the hearsay allegations in your letter of September 28,
2016.
My clients treat this very seriously and have instructed me to demand a full retraction and
apology for the defamatory statements made of them.
Please provide me with a draft of your proposed apology and retraction within seven days of
the date ofthis letter.
My clients reserve the right to pursue all legal options open to them. I urge you to retain
advice from a lawyer experienced in the law of defamation.
Yours truly,
HARPER GREY LLP

Per:

Bryan G. Baynham, Q.C.

BGB/kda
Encl.