A Quebec Superior Court judge has authorized a class action alleging McGill University failed to adequately protect Jewish students from antisemitism, harassment and intimidation on campus following the Oct. 7, 2023, Hamas attacks on Israel.
The lawsuit was brought by David Cobrin, who was a McGill undergraduate when the events described in the case began, and covers Jewish students registered at the university between Oct. 8, 2023, and the publication of an official notice of the Superior Court judge’s ruling. The plaintiffs are seeking reimbursement of 33 per cent of tuition and student fees, along with $5 million in collective punitive damages. The ruling allows those claims to proceed, but does not determine whether McGill is liable.
“This authorization judgment is a significant milestone,” Cobrin’s lawyer Tina Silverstein said in an email to The Gazette on Wednesday.
Silverstein said the legal team hopes the ruling will serve as “a wake-up call to McGill” to begin taking meaningful steps to address antisemitism on campus.
The court found the allegations met the threshold required for the case to proceed.
Justice Dominique Poulin described the situation at McGill after Oct. 7 as “exceptional and complex.”
In the 16-page judgment issued Tuesday, Poulin said the allegations concerning antisemitic and anti-Zionist speech and conduct raised sufficient concern to show the case “stands a chance at trial and deserves to be heard.”
Cobrin alleges McGill failed to take prompt and meaningful disciplinary action during a series of campus protests.
According to the judgment, he alleges he was struck and knocked to the ground by a masked protester while trying to enter the Bronfman Building during a February 2024 demonstration. He says he identified the person to a university security guard, but no effort was made to identify the protester or pursue disciplinary measures.
He also alleges the campus climate caused him to participate less in class, spend less time studying on campus and become fearful about taking part in Jewish events or disclosing his Jewish identity.
McGill argued that it faced an unprecedented and rapidly changing situation requiring it to balance freedom of expression and peaceful assembly with the rights and safety of students. It also said many protesters were not members of the university community and could not be disciplined by McGill.
Poulin found those arguments should be examined at trial after a full assessment of the evidence.
In a statement to The Gazette on Wednesday, McGill said it “unequivocally denounces all forms of antisemitism and anti-Jewish hatred” and pointed to measures it has taken, including launching a working group on antisemitism last fall.
“Every member of our campus community deserves to work and learn in a respectful, inclusive and supportive environment,” a university spokesperson said.
Silverstein said class members do not need to take any action yet, but may register through mcgillclassaction.ca to receive updates.
Cobrin will not be giving interviews, his lawyers said.
I’m a reporting intern at the Montreal Gazette, covering breaking news and the issues affecting communities across Montreal. I believe some of the most interesting stories begin with an ordinary conversation.
amclaughlin@postmedia.com