What is the current state of the law on vicariously liable liability for sexual assault?
British Columbia, Canada
The following excerpt is from Corfield v. Shaw, 2011 BCSC 1529 (CanLII):
At the time of the trial in this action, the parties did not have available to them the recent decision in A.B. v. C.D., 2011 BCSC 775, where Gray J. considered the liability of a school district for the sexual battery committed by a teacher. She found that the school district, as employer was neither negligent nor vicariously liable. In doing so, Gray J. set out the proper approach to the analysis of vicarious liability with reference to the decisions in Bazley and Jacobi v. Griffiths, 1999 CanLII 693 (SCC), [1999] 2 S.C.R. 570. I accept and adopt her thorough analysis.
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