McCabe v. Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada

McCabe v. Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada

The majority dismissed the appeal: the trial judge properly excluded the proffered Homewood and school entries as inadmissible hearsay/opinion; the jury was not so inflamed by counsel's closing that a miscarriage of justice occurred given the judge's corrective charge; the compensatory awards fell within permissible...

Source-derived case information.

Citation
2019 ONCA 213
Parties
Plaintiff (respondent): Robert Joseph McCabe; Defendant (appellant): The Roman Catholic Episcopal Corporation for the Diocese of Toronto
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 March 2019
Procedural Posture
Civil Tort (sexual Assault; Vicarious Liability) / Appeal to Court of Appeal From Superior Court Jury Trial (judgment May 30, 2017)
Outcome
Appeal dismissed (majority); costs to respondent awarded; punitive damages award of $15,000 upheld by majority with one dissenting judge who would have set it aside
Legal Topics
Sexual Assault, Vicarious Liability, Punitive Damages, Hearsay, Jury Conduct, Damages Assessment, Costs
Source Language
english
Civil Tort Evidence Appeals Sexual Assault Vicarious Liability Punitive Damages Hearsay +3 more

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Parties

Robert Joseph McCabe

Plaintiff (respondent)

The Roman Catholic Episcopal Corporation for the Diocese of Toronto

Defendant (appellant)

Procedural Posture

Civil Tort (sexual Assault; Vicarious Liability) / Appeal to Court of Appeal From Superior Court Jury Trial (judgment May 30, 2017)

Legal Issues

  1. 1 Whether the trial judge erred in excluding Homewood hospital records and school records as hearsay/opinion
  2. 2 Whether respondent counsel's closing arguments improperly inflamed the jury and caused a miscarriage of justice
  3. 3 Whether the jury's damages awards were excessive or outside a permissible range

Ratio Decidendi

The majority dismissed the appeal: the trial judge properly excluded the proffered Homewood and school entries as inadmissible hearsay/opinion; the jury was not so inflamed by counsel's closing that a miscarriage of justice occurred given the judge's corrective charge; the compensatory awards fell within permissible ranges; and there was reasonable evidence to put punitive damages to the jury and the modest $15,000 punitive award was a permissible condemnation of the Diocese's delay in admitting liability. A concurring judge agreed on all issues except punitive damages, where she would have set the award aside because delay alone cannot, in her view, found an independent actionable wrong...

Court Disposition

Appeal dismissed (majority); costs to respondent awarded; punitive damages award of $15,000 upheld by majority with one dissenting judge who would have set it aside

Orders

  • Appeal dismissed
  • Costs to respondent in the agreed amount of $32,000 inclusive of disbursements and HST