Dear Colleagues:

Those interested in vicarious liability and non-delegable duty will be interested in the newly released decision of the SCC in Reference re Broome v. Prince Edward Island 2010 SCC 11 (http://scc.lexum.umontreal.ca/en/2010/2010scc11/2010scc11.html). The question in the case was whether the Government of PEI was liable for sexual abuse in privately-owned children's homes and orphanages between 1928-1976 on the basis that the province: owed a general duty of care to the children placed in the Home; had any statutory duty to supervise the operation of the Home; was vicariously liable for the acts or omissions of the Board of Trustees, who were entrusted to operate the Home, or the volunteers or staff at the Home; owed a fiduciary duty to the residents of the Home; or had a non-delegable duty in respect of the care given to the residents of the Home.

The SCC unanimously found that the province was not liable on any of the plaintiff's theories, save perhaps for the 14 children who were wards of the Crown during those years.

Happy reading,

-- 
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435