Clinton G. Docken

The appellants alleged they were physically and sexually abused while residing in a privately operated children's home between 1928 and 1976.

The Lieutenant Governor in Council referred questions to the Court of Appeal regarding whether the Province owed duties to the children.

The Supreme Court of Canada upheld the Court of Appeal's conclusion that the Province owed no duty of care, non-delegable duty, vicarious liability, or fiduciary duty to the children, as the home was privately operated and the Province had no statutory authority or control over its management.

The appellant, representing game farmers, sued the government in negligence after their herd certification status was downgraded for refusing to sign a registration form with broad indemnification clauses.

A previous judicial review found the clauses invalid, but the government did not reinstate the certification.

The Supreme Court of Canada held that while a claim for negligent breach of statutory duty cannot succeed, a claim for negligent failure to implement a judicial decree is an operational act that may ground an action in negligence.

The appeal was allowed in part, permitting the latter claim to proceed.