Date: Fri, 28 Oct 2005 11:58:47 -0400

From: Jason Neyers

Subject: Vicarious Liability

This just in from the SCC:

TORTS: VICARIOUS LIABILITY
E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia (B.C.C.A., May 15, 2003) (29890)

Between 1957 and 1962, B attended a residential school for First Nations children run by the Oblates. S, a lay employee, worked as a baker, boat driver and odd-job man. He resided upstairs in a building located on the school grounds. The trial judge found that S sexually assaulted B from the age of 7 and that the assaults continued on a regular and frequent basis until B was 11 or 12 years old. All the assaults took place in S's living quarters. B did not bring S's misconduct to the attention of anyone at the school. Based on his finding that the operational characteristics of the residential school created and materially enhanced the risk of the assaults, the trial judge found the Oblates vicariously liable. These characteristics included the separation of the children from their families, the fact that employees lived in close proximity to the children and the fact that the children were under a regime where they were to respect and obey all staff. The Court of Appeal set aside the trial judge's decision, holding that he had erred in overemphasizing job-created opportunity and in failing to have sufficient regard to the specific employment duties and responsibilities assigned to S and the connection, if any, between those duties and responsibilities and the wrongs S committed against the appellant.

Eight of the nine Justices held that the appeal should be dismissed.

--
Jason Neyers
January Term Director
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

<<<< Previous Message  ~  Index  ~  Next Message >>>>>