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Bazley v Curry, [1999] 2 SCR 534 is a Supreme Court of Canada decision on the topic of vicarious liability where the Court held that a non-profit organization may be held vicariously liable in tort law for sexual misconduct by one of its employees. The decision has widely influenced jurisprudence on vicarious liability outside of Canada. [2]
They unwittingly employed a paedophile, D1, who sexually abused one of the children in the home. The court, in a judgment delivered by McLachlin J, held D2 vicariously liable for the abuse. The issue related to stage 2. Could acts of sexual abuse properly be the subject of vicarious liability and, if so, on what basis?
Finally, the elimination of employee liability will have no impact on the plaintiff's compensation in the vast majority of cases. The employee remains liable to the plaintiff for his independent torts. An independent tort may fall within or outside the range of the employer's liability under the vicarious liability regime.
Case name Citation Date Subject January 7, 2000 - Appointment of Beverley McLachlin as Chief Justice of Canada: Arsenault-Cameron v Prince Edward Island [2000] 1 S.C.R. 3, 2000 SCC 1 January 13, 2000 language rights Reference re Firearms Act [2000] 1 S.C.R. 783, 2000 SCC 31 June 15, 2000 Criminal law power Lovelace v Ontario
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justice
Full case name: Little Sisters Book and Art Emporium, B.C. Civil Liberties Association, James Eaton Deva and Guy Allen Bruce Smythe v The Minister of Justice and Attorney General of Canada, the Minister of National Revenue and the Attorney General of British Columbia: Citations [2000] 2 S.C.R. 1120, 2000 SCC 69 (CanLII)
Strict liability offences R v Gruenke [1991] 3 SCR 263 October 24, 1991 case-by-case privilege. R v Stinchcombe [1991] 3 SCR 326 November 7, 1991 disclosure of evidence R v Goltz [1991] 3 SCR 485 November 14, 1991 cruel and unusual punishment, section 12 R v Broyles [1991] 3 SCR 595 November 28, 1991 Right to silence
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the ...