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ARTICLE · 04 NOVEMBER 2020

School Board Held Liable For Historical Sexual Abuse Of Student

Miller Thomson
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The author would like to acknowledge the contribution of 2020 Summer Student and 2021/2022 Articling Student Lindsay Armstrong.

CanadaLitigation, Mediation & Arbitration
Gillian Tuck Kutarna
Gillian Tuck Kutarna
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The author would like to acknowledge the contribution of 2020 Summer Student and 2021/2022 Articling Student Lindsay Armstrong.

In a recent decision of the Ontario Superior Court of Justice, the Trillium Lakelands District School Board was held negligent and vicariously liable for the historical sexual assault of a 16 year old student by her former music teacher and ordered to pay damages to the student.1

In establishing that school boards may be held vicariously liable for teacher misconduct, the case sets an important precedent. While school boards have previously been found negligent in such cases, this is the first time a board has been held vicariously liable for an employee's sexual misconduct.

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