Making Institutions pay for Sexual Abuse

September 6, 2024

By: Aaron Lealess

Beckett Personal Injury Office's Scales of Justice's article image

Perpetrators of sexual abuse are legally responsible for the damage caused by the abuse. But what about institutions? Perpetrators of abuse are often in positions of trust within institutions such as the Catholic Church, Boy Scouts, or a School Board.

There are two common legal principles used to make institutions pay for the damage caused by sexual abuse by an employee or volunteer. The first is vicarious liability. If the abuser uses his or her position of trust to perpetrate the abuse and the abuse is sufficiently connected to the job-related duties of the perpetrator, the institution will likely be held liable (legally responsible) through principle of vicarious liability.

Even in situations where the abuse is not connected to the job-related duties of the perpetrator the institution can be found liable if it was negligent. If an institution had prior knowledge or reason to suspect improper sexual conduct by an employee and failed to remove that employee from his position of trust, negligence typically follows. This was result in K.M.M. v. Diocese of London1 and J.R.S. v. Glendinning,2 both cases involving the Catholic Diocese of London which had either direct reports of abuse (K.M.M) or reasons to suspect improper sexual conduct by their employees (J.R.S.). In both cases the institution was held liable in negligence.

This was also the result in the decision of S.L. v. R.T.M.3 where the Jury found the Hastings and Prince Edward District School Board negligent for failing to prevent the abuse suffered by S.L. despite the fact that there were no direct reports or allegations of abuse to school board officials. This was again the result in the O’Connell4 case in which the Court found the School Board negligent.

Overall, there are many legal tools available to assist victims of abuse with holding their perpetrator and any connected institutions accountable through a civil lawsuit. For more information feel free to reach out to a lawyer at Beckett Injury Lawyers – Aaron Lealess

1NSPCC, K.M.M. v The Roman Catholic Episcopal Corp., 2011 ONSC 2143 https://canlii.ca/t/fl3w8

2 J.R.S. v Glendinning, 2004 CanLII 5011, https://canlii.ca/t/1hkzl

3 S.L. v R.T.M., [2013] OJ No 1541 (SCJ).

4 O’Connell v. Williamson and Trillium Lakelands School Board, 2020 ONSC 3874 (SCJ) at para 51, https://canlii.ca/t/j8vtm

Published on September 6, 2024

The Steps to Proving Negligence in a Personal Injury Claim

December 18, 2024

The Steps to Proving Negligence in a Personal Injury Claim

Proving negligence is often one of the main requirements in personal injury claims. Negligence refers to a failure to act with the reasonable care that a person or entity owes to others. In this blog, we’ll discuss the four requirements needed to prove negligence and receive compensation in a personal injury claim.

Read More
Addressing the Impact of Clergy Sexual Abuse: A Path Toward Healing and Accountability

December 12, 2024

Addressing the Impact of Clergy Sexual Abuse: A Path Toward Healing and Accountability

Clergy sexual abuse is a grave and deeply troubling issue that has impacted countless individuals and communities worldwide. The abuse of power and trust by religious leaders has left scars that are not easily healed. In the wake of these crimes, both the victims and society as a whole must grapple with the consequences of such profound violations. Addressing the impact of clergy sexual abuse requires not only acknowledging the pain it has caused but also taking actionable steps toward accountability, justice, and healing for all involved.

Read More
How to be Successful at Mediation

December 11, 2024

How to be Successful at Mediation

Mediation is a form of alternative dispute resolution. It is a means for people to settle disputes or lawsuits outside of court. Most people don’t want to go to court. A neutral third party—the mediator—helps the disputing parties look for a solution that works for them. Mediators, unlike judges, do not decide the case. The mediator's role is simply to help the people involved in a dispute to negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement.

Read More