E.D.G. v. Hammer

E.D.G. v. Hammer

The School Act does not impose a general non-delegable duty making school boards strictly liable for employee sexual assault; fiduciary duties do not extend to a no-fault obligation to guarantee a child's safety or a broad 'best interests' duty absent conduct amounting to disloyalty or conflict; accordingly the Board was not liable for breach of non-delegable duty or breach of fiduciary duty; the trial judge's factual finding that 90% of the damage was indivisible and jointly caused by the janitor and subsequent abusers was not shown to be palpably and overridingly erroneous, so apportionment stands.

Citation
2003 SCC 52
Parties
Appellant; Respondent on Cross Appeal: E.D.G.; Respondent; Appellant on Cross Appeal: Board of School Trustees of School District No. 44 (North Vancouver); Respondent (original Tortfeasor): Mr. Hammer; Intervener: Attorney General of Canada; Intervener: Nishnawbe Aski Nation; Interveners: Patrick Dennis Stewart et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 2003
Procedural Posture
Tort Appeal (sexual Assault; Statutory and Fiduciary Claims) / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Cross Appeal on Apportionment of Damages
Outcome
Appeal and cross-appeal dismissed.
Legal Topics
Non Delegable Duty, Fiduciary Duty, Vicarious Liability, Causation and Apportionment, Statutory Duties of School Boards
Source Language
English
Torts Education Law Non Delegable Duty Fiduciary Duty Vicarious Liability Causation and Apportionment Statutory Duties of School Boards

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Parties

E.D.G.

Appellant; Respondent on Cross Appeal

Board of School Trustees of School District No. 44 (North Vancouver)

Respondent; Appellant on Cross Appeal

Mr. Hammer

Respondent (original Tortfeasor)

Attorney General of Canada

Intervener

Nishnawbe Aski Nation

Intervener

Patrick Dennis Stewart et al.

Interveners

Procedural Posture

Tort Appeal (sexual Assault; Statutory and Fiduciary Claims) / Appeal to the Supreme Court of Canada From the British Columbia Court of Appeal; Cross Appeal on Apportionment of Damages

Legal Issues

  1. 1 Whether the School Board was liable for breach of non-delegable duty under the School Act
  2. 2 Whether the School Board owed and breached a fiduciary duty to the pupil
  3. 3 Whether the trial judge properly apportioned damages between the janitor and subsequent abusers

Ratio Decidendi

The School Act does not impose a general non-delegable duty making school boards strictly liable for employee sexual assault; fiduciary duties do not extend to a no-fault obligation to guarantee a child's safety or a broad 'best interests' duty absent conduct amounting to disloyalty or conflict; accordingly the Board was not liable for breach of non-delegable duty or breach of fiduciary duty; the trial judge's factual finding that 90% of the damage was indivisible and jointly caused by the janitor and subsequent abusers was not shown to be palpably and overridingly erroneous, so apportionment stands.

Court Disposition

Appeal and cross-appeal dismissed.

Orders

  • Appeal dismissed
  • Cross-appeal dismissed