M.B. v. British Columbia

M.B. v. British Columbia

The Crown is not vicariously liable for the foster father's sexual assault because foster parents do not act on behalf of the government in their daily affairs and the Protection of Children Act does not impose a general non-delegable duty to guarantee no harm by foster parents; social assistance is deductible as wage replacement to prevent double recovery; prejudgment interest on loss of earning capacity is calculated as a stream under COIA s.1(2).

Citation
2003 SCC 53
Parties
Appellant/respondent on Cross Appeal: Her Majesty The Queen in Right of the Province of British Columbia; Respondent/appellant on Cross Appeal: M.B.; Intervener: Attorney General of Canada; Intervener: Nishnawbe Aski Nation; Intervener: Insurance Corporation of British Columbia; Intervener: Patrick Dennis Stewart et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 2003
Procedural Posture
Torts Appeal to Supreme Court of Canada / Decision on Appeal From the British Columbia Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed; Arbour J. dissenting in part
Legal Topics
Vicarious Liability, Non Delegable Duty, Sexual Assault, Deductibility of Collateral Benefits, Prejudgment Interest, Fiduciary Duty, Causation, Apportionment
Source Language
English
Torts Civil Procedure Damages Law Administrative Law Vicarious Liability Non Delegable Duty Sexual Assault Deductibility of Collateral Benefits +4 more

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Parties

Her Majesty The Queen in Right of the Province of British Columbia

Appellant/respondent on Cross Appeal

M.B.

Respondent/appellant on Cross Appeal

Attorney General of Canada

Intervener

Nishnawbe Aski Nation

Intervener

Insurance Corporation of British Columbia

Intervener

Patrick Dennis Stewart et al.

Intervener

Procedural Posture

Torts Appeal to Supreme Court of Canada / Decision on Appeal From the British Columbia Court of Appeal

Legal Issues

  1. 1 Is the Crown vicariously liable for sexual abuse by a foster parent?
  2. 2 Did the Crown breach a non-delegable duty under the Protection of Children Act?
  3. 3 Were the Court of Appeal’s adjustments to damages (deduction of social assistance, apportionment, prejudgment interest method) correct?

Ratio Decidendi

The Crown is not vicariously liable for the foster father's sexual assault because foster parents do not act on behalf of the government in their daily affairs and the Protection of Children Act does not impose a general non-delegable duty to guarantee no harm by foster parents; social assistance is deductible as wage replacement to prevent double recovery; prejudgment interest on loss of earning capacity is calculated as a stream under COIA s.1(2).

Court Disposition

Appeal allowed; cross-appeal dismissed; Arbour J. dissenting in part

Orders

  • Appeal allowed
  • Cross-appeal dismissed