The defendants, a licensed service provider and its owner, brought a motion to strike the plaintiff employee's statement of claim.
The plaintiff alleged she was assaulted by a minor resident at the defendants' group home and claimed damages for negligence, breach of contract, and breach of the Occupiers' Liability Act.
The defendants argued they owed no duty of care to the plaintiff because their paramount statutory duty was to the child.
The court dismissed the motion, finding it was not plain and obvious that the employer owed no common law duty of care to provide a safe workplace for its employee, and that such a duty would not necessarily conflict with its statutory duty to the child.
