Category: Vicarious Liability

Employers Knowledge of Sexual Abuse may be a Double Edged Sword: Roman Catholic Episcopal Corporation of Saint John’s v. Guardian Insurance

by John McKiggan

Today the Supreme Court of Canada refused to hear an appeal from a decision of the Newfoundland and Labrador Court of Appeal: Roman Catholic Episcopal Corporation of Saint John’s v. Guardian Insurance

The case is interesting to those of us who represent survivors of childhood of sexual abuse because it illustrates the challenges in recovering compensation for survivors.

In many cases the abuser has little or no assets or is dead. Often a survivor’s only hope of receiving some measure of compensation for their injuries is by pursuing the institution that employed the abuser.

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Posted in: Sexual Abuse, Uncategorized, Vicarious Liability

Vicarious Liability for Sexual Abuse: When Should Peter Pay for Paul?

by John McKiggan

What is vicarious liability?

As a lawyer who deals with sexual abuse compensation claims, I frequently have to explain the concept of vicarious liability to my clients.

Black’s Law Dictionary defines it as:
“Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) because of the relationship between the two parties.”
Basically vicarious liability holds an employer responsible for the wrongful acts of an employee, even when the employer didn’t necessarily know about the wrongful acts.

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Posted in: Uncategorized, Vicarious Liability
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