School division denies responsibility in lawsuit defence for abuse committed by ex-coach convicted of sex crimes

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This article was published 10/10/2025 (354 days ago), so information in it may no longer be current.

Pembina Trails School Division is arguing it can’t be held responsible in court for convicted sex offender and disgraced football coach Kelsey McKay’s actions against his players, in response to a lawsuit recently filed by three of his alleged victims.

The former Vincent Massey Collegiate football players — referred to by initials A.B., C.D. and E.F. in the court documents — filed their lawsuit in Court of King’s Bench in September.

They attended the school and played varsity football under McKay at points between 2013 to 2017.

The men allege school division officials failed to protect them from 55-year-old ex-coach McKay, who was sentenced to 20 years in prison last fall for nine counts of sexual assault and two of luring.

The plaintiffs in the lawsuit were not among the victims in the criminal case, the division says.

The former players’ lawsuit claims McKay, using his position in the division, “psychologically abused, manipulated, bullied, groomed, lured, exploited and harassed the plaintiffs,” beginning in about 2013 and carrying through to about the spring of 2021. The claims include allegations of sexual exploitation.

But in legal documents filed earlier this month, the school division denies all allegations of wrongdoing on its part — and argues the lawsuit should be tossed out of court.

School officials had no knowledge of the extent of McKay’s contact with the players, the division’s court filings claim.

“Any inappropriate behaviour, as alleged, between the plaintiffs 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 division’s statement of defence.

The school division also denied that McKay’s role in the division “materially increased the risk of him perpetrating sexual offences,” harassing or bullying students and players, as claimed.

Officials did not breach any duty to the plaintiffs, the division claims, and did not fail to protect them.

The division argues its hiring processes met the standards of the day and that it adequately supervised its employees.

It also argues that school officials had an adequate reporting system in place for abuse of authority, and they did not ignore or fail to react to concerns raised about McKay’s improper conduct.

The school division acknowledged that families raised concerns and complaints about McKay around 2016, but denies those concerns were inadequately addressed.

The division claims the complaints were about McKay sending texts to students, including late in the evening, meeting with students away from school, sharing personal information and his unpredictability and volatility.

Division officials directed him to stop texting and meeting with students, engage in counselling and take part in various training programs and review policies, the court filing claims.

The lawsuit from the former players alleges McKay ignored the orders.

McKay 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.

The victims in the criminal case were students and football players at both Churchill and Vincent Massey.

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

The plaintiffs in the lawsuit were not among the victims in the criminal case, the division’s defence papers say.

The division also argues the plaintiffs’ claims of harassment and exploitation, among other allegations, are barred from proceeding in court under limitations legislation.

The division says it’s not responsible for any injuries or damages the plaintiffs say they have suffered.

Division officials also filed a third-party claim against McKay, seeking to have him held financially responsible if the division is found liable for any damages by the court.

erik.pindera@freepress.mb.ca