Following public pressure, the Vancouver Symphony Orchestra has said in an open letter that it will not pursue legal action against violinist Esther Hwang, who broke a non‑disclosure agreement to speak publicly about an alleged sexual assault and the organisation’s response.
The Vancouver Symphony Orchestra (VSO) has formally dropped its threat to pursue legal action against former VSO violinist Esther Hwang. The decision follows Hwang’s breach of a non-disclosure agreement to publicly discuss an alleged sexual assault and the organisation’s response to her complaint.
In an article in The Globe and Mail from 17 December 2025, Hwang detailed that she was sexually assaulted and raped by a senior member of the VSO while she worked as a freelance extra violinist with the orchestra in 2017 and 2018. In 2019, Hwang filed a complaint with the orchestra to remove the perpetrator. The Vancouver Symphony Society gave her an NDA to sign, plus a settlement fee CAD$7,138.34 to cover counselling fees.
The orchestra sent Hwang a cease and desist letter, threatening legal action for breaking terms of the NDA.
Hwang believes that the NDA used in her case was unethical as it prevented her from speaking openly about her experience, making it harder for her to heal from her experiences.
’I knew back then the NDA was wrong. I knew it was unethical and that it would hurt me, but that was the only choice I was given,’ she said.
The petition established by oboist and activist Katherine Needleman, which demanded the VSO end its use of NDAs that restricted people from speaking out about harrassment, discrimination, sexual misconduct or abuse, as well as drop any legal action against Hwang, has reached over 14,500 signatures.
Following public pressure, the VSO published an open letter on 6 January saying ’we regret the suffering she [Hwang] has endured’. The letter was signed by the board of directors of the Vancouver Symphony Society and Angela Elster, president and CEO of the VSO.
It states that in light of Hwang’s experience, the orchestra ’will not include confidentiality agreements in any future agreements involving sexual misconduct such as sexual assault and rape unless a one‑way confidentiality agreement is specifically requested by the complainant’.
It has also stated it does not intend to take any steps to pursue legal action against Hwang for breaching her NDA.
’Unfortunately, as a result of the confidentiality agreement, Ms. Hwang has felt silenced since that time. We acknowledge and regret the pain this has created.
’We also acknowledge that things have changed since 2019 and we can change as well. In our effort to listen and learn we have reached out to several experts including the Can’t Buy My Silence campaign and look forward to learning more to further our understanding and inform our efforts at continuous improvement.’
Hwang told The Canadian Press that she was disappointed in the VSO, but immensely grateful to the public for their support.
‘This is a big win for the NDA movement,’ said Hwang, but stated that Canada was behind on NDA legislation by relying on public pressure to influence institutions.
’It took them weeks of public pressure to finally give some sort of response,’ she said. ’They shouldn’t try to prioritise protecting their reputation. A reputation comes from being good. It does not come from hiding wrongdoings.’
Needleman has organised a protest to take place on 17 January at Vancouver Symphony’s Orpheum, 90 minutes before a performance by VSO music director, Otto Tausk, and violinist James Ehnes, who will be playing the Beethoven Violin Concerto.
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