FOR TORTS - Direct causal connection or link - Affecting the person - Sexual assault

Law360 Canada ( July 7, 2025, 1:53 PM EDT) -- Appeal by HN from conclusion of trial judge that School District No. 61 (School) was not vicariously liable to HN for sexual abuse. The sexual abuse was allegedly perpetrated on HN by an individual named Redgate, who originally met HN to provide weekly 40-minute tutoring sessions at School during English class while HN was in grade six. HN was tutored by Redgate once a week to help write a novel, on the school’s arrangement. Redgate began grooming HN during these tutoring sessions through increasing physical contact and emotional manipulation. The sexual abuse did not occur at School, although the relationship between abuser and victim started there, and the court had expert evidence that some behaviour consistent with initial grooming of HN by Redgate occurred at the School. The sexual abuse occurred after grade six ended, primarily during HN’s visits to Redgate’s home, which were not arranged by the School. The issues were whether the trial judge erred in finding no vicarious liability for the School based on his analysis of the precedent cases and whether the tutoring arrangements put in place by the School created a sufficient connection to the risk of abuse to justify imposing vicarious liability....
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