The Evolution Of Vicarious Liability In Sexual Abuse Cases

• Published date: 29 April 2025
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Criminal Law, Discrimination, Disability & Sexual Harassment, Trials & Appeals & Compensation, Crime
• Law Firm: Lerners LLP
• Author: Ms Erika Tower and Zahra Vaid

Previously published in Law360 Canada (April 22, 2025, 2:49 PM EDT).

In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers. The doctrine has been held to apply to sexual misconduct in the context of school boards, religious institutions and volunteer organizations, and in various circumstances, including where it occurred outside the organization's premises.

In part one of this two-part series, we will provide an overview of the legal framework for vicarious liability, examine the background and context for application in sexual abuse cases, the significance for survivors and the test set out by the Supreme Court of Canada for establishing vicarious liability.

Part two will look at cases decided in the past five years, how the application of the test for vicarious liability has evolved during that timeframe and what it means for future cases.

For survivors of...