The plaintiffs brought a civil action arising from a pretrial detainee's placement in the same correctional unit as an inmate who had previously committed a violent home invasion against him.
The court held the Crown vicariously liable for correctional staff negligence extending beyond the admitted inmate-tracking error, including inadequate supervision, failure to protect, and degrading conduct by officers, and rejected contributory negligence and mitigation defences.
The court accepted the treating psychologist's evidence, rejected the defence psychological opinion, found serious and permanent psychological injury, and awarded substantial non-pecuniary, income loss, future care, special, and Family Law Act damages.
The court also found violations of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms and awarded separate Charter damages for vindication and deterrence.
