NEGLIGENCE - Duty and standard of care - Fiduciary duty

Law360 Canada ( November 17, 2021, 9:44 AM EST) -- Appeal by the plaintiff, Wallace, from dismissal of her action against the defendants, the Faith Community Church and its pastor. In 2010, the plaintiff commenced her action against the respondents and others. Her claims against two defendants, Smith and Blake, remained outstanding after those defendants were noted in default. The plaintiff was a volunteer with the Church’s music ministry. She alleged that in 2007, she was sexually assaulted by Smith in front of the Church, its pastor, and other members through the forceful grabbing and touching of her breasts. She further alleged that Smith forcefully maintained residence in her home for several months during which he sexually, physically and emotionally abused her until his departure from Canada in June 2008. The plaintiff alleged that the Church and its pastor facilitated Smith’s entry to her home. The action sought to impute direct liability to the pastor for breaching a duty to assist her and vicarious liability to the Church. The trial judge dismissed the action. The judge found that the plaintiff’s account was neither believable nor reliable, and that the defendants did not play any role in her relationship with Smith. No viable legal claim was established, and the action was dismissed. The plaintiff appealed....
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