The appellant, a former student at an Indian residential school operated by the Government of Canada and the United Church of Canada, sought damages for sexual abuse suffered at the school.
The Supreme Court of Canada held that both Canada and the Church were jointly vicariously liable for the sexual assaults committed by a dormitory supervisor, rejecting the application of a doctrine of charitable immunity for the Church.
The Court also found that the Indian Act did not impose a non-delegable statutory duty on Canada to ensure student safety.
The trial judge's unequal apportionment of fault (75% to Canada, 25% to the Church) and assessment of damages, which excluded prior trauma and statute-barred wrongs, were upheld.
