Dr. Ralph Serin

The respondent, an inmate in protective custody, was severely assaulted by other inmates.

The trial judge found the Crown liable in negligence for failing to protect him, assessing damages at an agreed $1.5 million.

The Crown appealed, arguing the trial judge erred by finding institution-level liability rather than identifying specific negligent acts by individual employees, as required by the Proceedings Against the Crown Act.

The Court of Appeal allowed the appeal and ordered a new trial, concluding that the trial judge's reasons were conclusory, failed to properly articulate the legal test for Crown liability, and were insufficient to permit meaningful appellate review.

The plaintiff brought a summary judgment motion in a class action against the Federal Government regarding the use of prolonged administrative segregation in federal penitentiaries.

The court found that the Federal Government breached the class members' rights under sections 7 and 12 of the Charter by placing them in administrative segregation for more than 15 days, and that these breaches were not saved by section 1.

The court also found the Federal Government liable for systemic negligence.

The court awarded $20 million in aggregate Charter damages for vindication, deterrence, and compensation, to be distributed equally among the class members, while dismissing the claim for class-wide punitive damages.

The plaintiffs brought a negligence action arising from a brutal assault on a vulnerable inmate in a provincial detention centre protective custody unit.

The court held that correctional staff fell below the standard of care by permitting three aggressive inmates with a known history of assaults and acting in concert to remain housed together, and by failing to make compatibility inquiries before placing the plaintiff in the unit.

Applying a but-for causation analysis, the court found the assault would not have occurred absent those failures.

The plaintiff was found contributorily negligent for not alerting staff upon seeing an inmate with whom he had prior conflict, and fault was apportioned at 15 percent against the plaintiff.

Liability was found against the Ministry, with damages already agreed and remaining issues deferred.