Vancouver orchestra won’t sue violinist who broke NDA to speak out about alleged rape
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The Vancouver Symphony Orchestra says it won’t be taking legal action against a violinist who broke a non-disclosure agreement to go public with accusations that she had been raped by one of its senior musicians, then faced retaliation from the orchestra.
An open letter signed by VSO president Angela Elster and the symphony society’s board of directors says they regret the “suffering” endured by violinist Esther Hwang, who spoke out last month about the alleged attack she says took place several years ago.
The orchestra’s lawyer sent Hwang a legal threat the day after an article was published in the Globe and Mail, prompting an outcry from Hwang’s supporters, but Tuesday’s open letter says the recent controversy “prompted important reflection” within the organization.
The letter says the orchestra won’t use confidentiality agreements in the future in cases involving sexual misconduct or rape unless requested by a complainant.
It says the orchestra is taking Hwang’s concerns “extremely seriously,” and the alleged perpetrator hasn’t been employed by the orchestra since 2019, which is when Hwang received a payment of $7,100 in a settlement from the orchestra that also included the NDA.
Hwang says she felt compelled at the time to sign the confidentiality agreement after she claims she was raped by her former violin instructor at a post-performance party when she was intoxicated to the point of blacking out in 2018.
In a late Wednesday interview, Hwang told The Canadian Press that she was disappointed in the VSO, but immensely grateful to the public for their support.
She pointed to the pressure from the public that forced the orchestra to reconsider using NDAs to hide sexual misconduct. She also noted that Canada is really behind on NDA legislation, and relying on public pressure to make institutions do the right thing is counterproductive.
“It took them weeks of public pressure to finally give some sort of response,” she said. “They shouldn’t try to prioritize protecting their reputation. A reputation comes from being good. It does not come from hiding wrongdoings.”
Despite the symphony’s public course correction, Hwang says she has not been released from the NDA, and that the VSO has made no commitment against enforcing NDA’s that already exist. She is also hoping to see the promise of not using NDAs extended to include other forms of discrimination.
Hwang also says she has yet to receive an apology from the VSO or witness any real accountability.
Still, through it all, Hwang says she felt support from every corner of her life, including her husband, friends and other musicians. Also, she said, “It helps that, you know, I perform violin, right?”
This report by The Canadian Press was first published Jan. 7, 2026.