2 total
Negligence Appeal dismissed
The plaintiff, a former high school student, brought an action for damages against her former music teacher, Royce Galon Williamson, for sexual abuse, and against the Trillium Lakelands District School Board (the School Board) for vicarious liability and direct negligence/breach of fiduciary duty.
Williamson did not attend the trial, and his statement of defence was struck.
The court found Williamson liable for sexual assault, battery, and breach of fiduciary duty.
The School Board was found vicariously liable for Williamson's conduct and directly liable for negligence and breach of fiduciary duty due to its inadequate response to the plaintiff's disclosure, including failure to provide support and immediately remove Williamson from the school.
Damages were awarded for general and aggravated damages, loss of competitive advantage, past and future care expenses, and punitive damages against Williamson.
Motion to substitute misnamed defendant granted for one doctor but denied for two others.
The plaintiffs brought a motion to substitute or add three doctors as defendants in a medical malpractice action arising from a hypoxic brain injury suffered by the infant plaintiff following a VP shunt revision.
The plaintiffs sought to substitute Dr. Caird for 'Dr. James Doe' under the doctrine of misnomer, and alternatively to add him and two other doctors based on discoverability.
The court allowed the substitution of Dr. Caird, finding the litigation finger clearly pointed at him as the only resident on call during the relevant time.
The motion to add the other two doctors was dismissed as the evidence showed the plaintiff's mother did not call the hospital on the days they were working.
