"Mere Opportunity" Is Not Sufficient To Ground A Finding Of Vicarious Liability

In H.N. v. School District No. 61 (Greater Victoria), the British Columbia Court of Appeal upheld the trial judge's decision that the defendant school district was not vicariously liable for the sexual abuse perpetrated on a student during private tutoring sessions.

Facts and trial decision

At trial, the plaintiff, H.N. alleged that the School District No. 61 (Greater Victoria) was vicariously liable for the sexual abuse perpetrated by Mr. Redgate, who was identified as an appropriate tutor by H.N.'s then English teacher. Mr. Redgate was initially hired to provide H.N. tutoring at the school during classes and did so until June 2000 (the end of the school year). Mr. Redgate also saw H.N at Mr. Redgate's home twice before the end of that school year. After the school year ended, visits between Mr. Redgate and H.N. occurred approximately 10-15 times per year at Mr. Redgate's or H.N.'s home, and were arranged by Mr. Redgate, H.N. and H.N.'s parents. The school was