The appellants suffered physical and sexual abuse while placed in two successive foster homes by the government.
They sued the government for direct negligence, vicarious liability, breach of non-delegable duty, and breach of fiduciary duty.
The Supreme Court of Canada held that while the government was directly negligent in its placement and supervision of the children, it was not vicariously liable for the torts of the foster parents, nor did it breach a non-delegable or fiduciary duty.
Ultimately, the Court dismissed the appeal because the appellants' claims were statute-barred under the Limitation Act, as they had acquired sufficient awareness of the facts to start the limitation period running more than two years before commencing their actions.
