McGill University accused of failing to prevent antisemitism in class action application

A McGill University undergrad is hoping to launch a class-action lawsuit against the school for allegedly failing to protect Jewish students from antisemitism and discrimination on campus since Oct. 8, 2023.

Backed by a Montreal law firm and B'nai Brith Canada, the application to launch a class action was filed in Superior Court Tuesday. It has not yet been authorized.

The lawsuit is seeking reimbursement of 33 per cent of the aggregate tuition and student fees paid by each class member in respect of the period since Oct. 8, 2023, and punitive damages in the amount of $5 million for harm suffered by the class as a whole.

The lawsuit is asking that all Jewish students registered at McGill University be included, be they undergraduate, masters, continuing education, doctoral or post-doctoral students. It estimates that there could be about 4,000 plaintiffs. 

The applicant seeking authorization in this case is David Cobrin, who is being represented by Fishman Flanz Meland Paquin LLP.

Cobrin alleges that McGill University failed to enforce its own policies to protect Jewish students from harassment, discrimination and antisemitism, particularly since the Oct. 7 Hamas-led attack on Israel.

McGill is accused of breaching its obligations under its Code of Student Conduct and other internal policies by allowing an environment of antisemitic sentiment and not taking adequate disciplinary or preventive measures, the lawsuit says. 

The lawsuit is seeking financial compensation for affected students and asks the court to compel McGill to meaningfully enforce its policies to ensure Jewish students are protected and that anti-Zionism is recognized as "a manifestation of antisemitism."

"B'nai Brith Canada is supporting McGill's Jewish students because the university has allowed the situation to get out of hand," said Henry Topas, B'nai Brith Canada's regional director for Quebec in a statement. 

"Radicalized individuals, both students and non-students, are preventing Jewish students from obtaining the university experience to which they are entitled."

The lawsuit cites dozens of examples of what it says contributed to harassment, discrimination and antisemitism on campus, including a two-and-a-half-month, pro-Palestinian encampment on the school's lower field that called for the school to divest from Israel-related funds.

It cites an Instagram post allegedly made the day after the attack on Oct. 8, 2023, by Students in Solidarity with Palestinian Human Rights (SPHR). It was an official student club at the time. It described Hamas' assault and taking of hostages as "heroic" and urged people to "celebrate the resistance's success," the lawsuit says.

In the years since, tensions on campus have escalated and at times become violent. The application cites several Instagram posts made by SPHR, protests, vandalism and decisions made by the school and governing bodies, such as the Students' Society of McGill University (SSMU).

"Since Oct. 8, 2023, applicant feels that he has not received the full extent of the university experience to which he has a right and legitimate expectation," the application states.