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ARTICLE · 29 APRIL 2025

The Evolution Of Vicarious Liability In Sexual Abuse Cases

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In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers.

CanadaLitigation, Mediation & Arbitration
Erika Tower
Erika Tower
Zahra Vaid
Zahra Vaid
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Previously published in Law360 Canada (April 22, 2025, 2:49 PM EDT).

In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers. The doctrine has been held to apply to sexual misconduct in the context of school boards, religious institutions and volunteer organizations, and in various circumstances, including where it occurred outside the organization's premises.

In part one of this two-part series, we will provide an overview of the legal framework for vicarious liability, examine the background and context for application in sexual abuse cases, the significance for survivors and the test set out by the Supreme Court of Canada for establishing vicarious liability.

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