More on BC Sex Abuse Civil Claims; Consent and School Board Liability
Important reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, awarding a Plaintiff just over $110,000 for damages flowing from a ‘consensual‘ sexual relationship she had with her high school teacher.
While today’s case is likely to receive media attention due to its sexual theme, it is worth discussing more so because it highlights two important topics that sometimes arise in sexual abuse civil prosecutions; consent and vicarious liability.
In today’s case (AB v. CD) the Plaintiff had several sexual encounters with her grade 12 English teacher. Following this relationship she sued him for damages and the school board claiming they were vicariously liable for the harm caused by the relationship. The claim against the teacher was successful but the claim against the school board was dismissed.
The nature of the sexual encounters are summarized at paragraphs 28-52 of the reasons for judgement. There is no need to repeat them here. The Plaintiff agreed that “she had consented to…the touching incidents“. Despite this admission, however, people in authority cannot have consensual sexual contact with people under their authority who are under 18 years of age as this is contrary to section 150.1 of Canada’s Criminal Code.
The school board’s lawyer argued that despite this prohibition, “consent remains a defence in a civil action for sexual assault“. Madam Justice Gray soundly rejected this argument finding as follows:
 The Criminal Code provisions recognize that young people are inherently vulnerable to persons in positions of authority or trust. While such young people may think that they are making a free choice to engage in a relationship with a person in authority, the very nature of the relationship precludes a free choice.
 Like Stromberg-Stein J., I conclude that it would introduce an odd and problematic inconsistency in the law if a young person were considered legally incapable of consenting to sexual activity for the purposes of the criminal law, but were capable of giving such consent in a related civil action.
 The public policy set out in the Criminal Code has the effect that a young person under the age of 18 cannot consent to sexual contact with a person in authority, as a matter of law, whether the applicable proceedings are criminal or civil.
 As a result, CD is liable to AB for any damages she suffered as a consequence of the sexual battery.
(on a related note, click here to read a BC Court of Appeal decision released this week upholding a criminal conviction of an individual who failed to let his partners know he was HIV positive finding this omission was a ‘fraudulent misrepresentation’ which overrides otherwise consensual sexual contact)
The next issue that was noteworthy was the Court’s discussion of vicarious liability. As previously discussed, the law sometimes holds an employer responsible for the deeds of an employee even though the employer did not act negligently. The law of the vicarious liability of School Boards for the sexual battery by teachers is still developing in Canada and there are relatively few judgements addressing this topic.
Madam Justice Gray found that the School Board should not be vicariously liable on the narrow facts of this case and in doing so provided a useful discussion of applicable legal principles at paragraphs 131-155 of the reasons for judgement and applied the Bazley principles to the facts of the case at paragraph 157.
AB v. CD, bc injury law, consent, Madam Justice Gray, R. v. Mzite, Sexual Abuse Civil Cases, vicarious liability
click to find out more
I just want to mention I am just newbie to blogging and site-building and certainly liked you’re web page. Most likely I’m want to bookmark your blog . You certainly come with wonderful stories. Thanks for sharing with us your web site.
Hello my friend! I want to say that this article is amazing, nice written and come with almost all important infos. I would like to see extra posts like this.
Greetings! This is my first visit to your blog! We are a collection of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a marvellous job!
As soon as I discovered this site I went on reddit to share some of the love with them.
fotograf slubny Oswiecim
I just couldn’t go away your site before suggesting that I extremely loved the standard information a person provide in your guests? Is gonna be back continuously to check up on new posts
venta por catalogo
I will right away snatch your rss as I can’t in finding your email subscription link or e-newsletter service. Do you’ve any? Please allow me understand in order that I may just subscribe. Thanks.
It is in reality a great and helpful piece of information. I am glad that you simply shared this helpful info with us. Please stay us up to date like this. Thank you for sharing.
I just wanted to write down a message to be able to appreciate you for some of the stunning strategies you are sharing here. My extended internet research has now been paid with awesome facts to write about with my two friends. I ‘d declare that most of us site visitors actually are very much blessed to dwell in a fabulous place with so many brilliant individuals with helpful principles. I feel very lucky to have seen your weblog and look forward to plenty of more brilliant minutes reading here. Thanks once more for a lot of things.
I would like to express my appreciation to this writer just for rescuing me from such a situation. Because of surfing around through the search engines and coming across ideas which are not pleasant, I figured my life was over. Existing minus the answers to the issues you have resolved all through your good guide is a critical case, as well as those that might have in a negative way affected my entire career if I had not come across your web site. Your actual expertise and kindness in controlling a lot of stuff was very helpful. I don’t know what I would’ve done if I had not come across such a solution like this. I can at this time look forward to my future. Thank you very much for your high quality and result oriented guide. I won’t hesitate to propose the website to any individual who will need counselling on this matter.
Hey are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any html coding expertise to make your own blog? Any help would be greatly appreciated!
marcel van hooijdonk
After study a number of of the weblog posts on your website now, and I truly like your way of blogging. I bookmarked it to my bookmark website checklist and will likely be checking again soon. Pls take a look at my web site as nicely and let me know what you think.
Lovely site! I am loving it!! Will come back again. I am taking your feeds also
agen poker online
Hi there, You have done a fantastic job. I’ll definitely digg it and personally recommend to my friends. I am confident they’ll be benefited from this website.
Fantastic goods from you, man. I’ve understand your stuff previous to and you are just too fantastic. I actually like what you’ve acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still take care of to keep it sensible. I cant wait to read much more from you. This is really a terrific web site.
I do not even know how I stopped up right here, however I thought this put up was good. I do not know who you are but certainly you’re going to a famous blogger when you aren’t already 😉 Cheers!
I truly appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thx again
situs poker online
Its like you read my mind! You appear to know a lot about this, such as you wrote the guide in it or something. I feel that you just could do with a few p.c. to pressure the message house a bit, but other than that, this is magnificent blog. An excellent read. I will certainly be back.
מצלמות אבטחה לבית
Unquestionably consider that which you stated. Your favourite reason appeared to be at the net the simplest factor to keep in mind of. I say to you, I certainly get annoyed while other folks consider worries that they plainly do not recognize about. You controlled to hit the nail upon the top and also outlined out the whole thing without having side-effects , other people could take a signal. Will probably be again to get more. Thanks
situs poker online
Excellent website you have here but I was curious about if you knew of any community forums that cover the same topics discussed in this article? I’d really like to be a part of group where I can get feed-back from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thank you!
I have been surfing on-line more than 3 hours lately, yet I by no means discovered any interesting article like yours. It’s beautiful worth enough for me. Personally, if all webmasters and bloggers made just right content as you probably did, the web will be a lot more useful than ever before. “Dignity is not negotiable. Dignity is the honor of the family.” by Vartan Gregorian.
I got what you mean , thankyou for posting .Woh I am happy to find this website through google. “Spare no expense to make everything as economical as possible.” by Samuel Goldwyn.
It’s my belief that mesothelioma is most dangerous cancer. It contains unusual characteristics. The more I actually look at it the more I am assured it does not behave like a true solid flesh cancer. In case mesothelioma is really a rogue virus-like infection, hence there is the chance of developing a vaccine and offering vaccination for asbestos subjected people who are really at high risk regarding developing potential asbestos relevant malignancies. Thanks for sharing your ideas on this important ailment.
затворы sung do
Excellent read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch since I found it for him smile So let me rephrase that: Thank you for lunch!
great post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am confident, you have a huge readers’ base already!
I in addition to my guys were taking note of the good items from your site and unexpectedly I had an awful feeling I never expressed respect to the web blog owner for them. All of the boys happened to be certainly very interested to see all of them and now have in truth been loving these things. Appreciate your turning out to be really accommodating and then for pick out this form of remarkable topics millions of individuals are really desirous to understand about. My very own honest apologies for not expressing appreciation to sooner.
But a smiling visitant here to share the love (:, btw outstanding design .
american lifeguard association
My brother suggested I might like this website. He was totally right. This post actually made my day. You can not imagine simply how much time I had spent for this info! Thanks!
Hello! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good results. If you know of any please share. Appreciate it!
Hello my loved one! I wish to say that this article is amazing, great written and come with approximately all important infos. I’d like to peer extra posts like this.
I like this post, enjoyed this one appreciate it for putting up.
Hello, you used to write wonderful, but the last several posts have been kinda boring… I miss your super writings. Past several posts are just a bit out of track! come on!
Some genuinely good info , Glad I noticed this. “O tyrant love, to what do you not drive the hearts of men.” by Virgil.
I was suggested this web site by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my trouble. You are amazing! Thanks!
where can i watch game of thrones
You really make it appear really easy along with your presentation however I to find this topic to be actually one thing which I think I’d never understand. It kind of feels too complex and extremely vast for me. I’m taking a look forward in your subsequent post, I will try to get the dangle of it!
I’ve observed that in the world nowadays, video games are classified as the latest fad with kids of all ages. There are times when it may be extremely hard to drag your kids away from the video games. If you want the best of both worlds, there are lots of educational activities for kids. Thanks for your post.
I am writing to make you know what a remarkable encounter our daughter undergone checking your web page. She noticed a wide variety of details, most notably what it’s like to have a wonderful helping mood to make other folks with no trouble completely grasp certain grueling matters. You actually did more than visitors’ desires. Many thanks for giving those warm and helpful, trustworthy, edifying and in addition cool thoughts on your topic to Gloria.
Opieka Osob Starszych
Appreciate it for helping out, wonderful information. “Courage comes and goes. Hold on for the next supply.” by Vicki Baum.
I wanted to draft you that very small observation to thank you so much over again considering the wonderful ideas you have documented on this page. It was wonderfully generous of you to give extensively just what a few individuals would have offered as an electronic book to help make some profit for themselves, primarily considering the fact that you could have done it if you desired. The inspiring ideas additionally served to become easy way to be sure that someone else have a similar eagerness really like mine to learn much more regarding this matter. I think there are lots of more pleasant occasions up front for individuals that see your website.
I was suggested this website by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my problem. You’re incredible! Thanks!
Howdy! I know this is kinda off topic but I was wondering if you knew where I could get a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!
I have been examinating out a few of your articles and i must say pretty good stuff. I will definitely bookmark your blog.
Thank you for every other excellent article. The place else could anyone get that kind of info in such an ideal means of writing? I have a presentation next week, and I’m at the look for such info.
Web Development Gorzow
I haven’t checked in here for a while as I thought it was getting boring, but the last few posts are good quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂
I’m not that much of a online reader to be honest but your sites really nice, keep it up! I’ll go ahead and bookmark your website to come back in the future. Cheers
I’ve been exploring for a little bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i am happy to convey that I’ve a very good uncanny feeling I discovered just what I needed. I most certainly will make sure to do not forget this site and give it a glance on a constant basis.
I was just seeking this information for some time. After six hours of continuous Googleing, at last I got it in your site. I wonder what’s the lack of Google strategy that do not rank this kind of informative sites in top of the list. Normally the top sites are full of garbage.
Hi there, You’ve done an excellent job. I’ll definitely digg it and personally suggest to my friends. I am confident they’ll be benefited from this site.
Comments are closed.