Vicarious liability may be imposed where there is a significant connection between the conduct authorized by the employer or controlling agent and the wrong. Having created or enhanced the risk of the wrongful conduct, it is appropriate that the employer or operator of the enterprise be held responsible, even though the wrongful act may be contrary to its desires.
The imposition of vicarious liability in such circumstances serves the policy ends of providing an adequate remedy to people harmed by an employee and of promoting deterrence.
FACTORS affecting VICARIOUS LIABILITY
When determining whether vicarious liability should be imposed, the court bases its decision on several factors, which include: (a) the opportunity afforded by the employer’s enterprise for the employee to abuse his power; (b) the extent to which the wrongful act furthered the employer’s interests; (c) the extent to which the employment situation created intimacy or other conditions conducive to the wrongful act; (d) the extent of power conferred on the employee in relation to the victim; and (e) the vulnerability of potential victims.
QUESTION: Provide your INSIGHTS in not less than 500 words or 3-4 paragraphs in the case below.
Should the SCHOOL BOARD be also be LIABLE for the sexual abuse of a student by her teacher?
In C.O. v. Williamson and Trillium Lakelands District School Board [1] an Ontario judge has found a school board vicariously liable for historical sexual abuse of a student by her teacher. This is an important decision as it imposes liability for the abuse on the school board in the absence of any evidence of wrongdoing on the part of the school board.
In a ruling on June 30, 2020 Justice David Salmers of the Ontario Superior Court of Justice found both the teacher Royce Galon Williamson and the Trillium Lakelands District School Board in Lindsay liable for the teacher’s sexual assaults on the student and ordered them to pay more than $500,000 in damages.
