Trial opens in defamation lawsuit by former UBC prof accused of sex assault by student

A celebrated former novelist and UBC professor was admitted to a psychiatric hospital and frequently was physically ill to the point of vomiting when he learned he was accused of sexually assaulting a student, his defamation lawsuit trial heard on Monday.

Steven Galloway learned of the accusations while on a business trip to Dayton, Ohio, and his wife flew there as he had been admitted to hospital and was under suicide watch, she testified as the first witness at the long-awaited trial in B.C. Supreme Court in Vancouver.

“He was in a hospital gown, he was upset, he was crying, he was shaky, he had wanted to find out what had happened. … He knew there had been an accusation,” Katie Wagner said on the first day of the trial to hear his lawsuit against a former student, identified only as A.B. The trial is scheduled for 23 days.

Wagner testified their family’s life was upended by reports online that he was a “rapist.”

Galloway has sued A.B. and several others for defamation after the allegations 11 years ago.

Eight defendants settled with him out of court earlier this year before the trial in the complex libel battle that had started about eight years ago.

Just days ago, former creative writing student Chelsea Rooney, one of the loudest voices against Galloway, made a public and “unreserved” apology to Galloway for the harm she did to him, his family and others.

Rooney said she regretted the role she played when UBC — as well as writing professors Keith Maillard and Annabel Lyon — asked her to build a case against Galloway by independently collecting complaints about him from up to 20 former students and others.

Galloway, the author of the bestselling novels The Cellist Of Sarajevo and The Confabulist, years ago had received $227,000 in damages from UBC for its mishandling of his termination.

He remains unable to write. He now sells boats for a living.

The case now is largely about damages and what he’s owed by A.B. and the three other defendants who did not settle before trial. They are Mandi Gray, an academic and author of the book Suing For Silence: Sexual Violence And Defamation Law, Glynnis Kirchmeier, an activist specializing in sex-related cases, and Dana Kagis.

They are defending the lawsuit on various grounds.

A.B. denies she caused damages, alleges that any damage was caused by Galloway and says he failed to mitigate the damages.

Testimony by Galloway and witnesses will provide evidence about the impact the accusations has had on him and his family, his lawyer told court.

“It’s hard to imagine the nightmare that one lives through being accused of being a rapist and having to live through that for 10 years now,” lawyer Dan Burnett told Justice Neena Sharma, his voice shaking.