Krista Springstead

The appellant episcopal corporation appealed a finding of direct liability for sexual assaults committed by a parish priest over two decades.

The respondents cross-appealed, arguing the corporation was also vicariously liable.

The Supreme Court of Canada dismissed the appeal, confirming the corporation was directly liable because the bishop's failure to properly direct and discipline the priest constituted negligence by the corporation.

The Court also held the corporation vicariously liable, finding a sufficiently close relationship between the diocesan enterprise and the priest, and a strong connection between the employer-created risk and the wrongful acts.

Following the release of reasons on October 19, 2002, the Court of Appeal received written submissions on costs.

The Court fixed the costs of the motions before the motions judge at $6,000 all inclusive, and the costs of both appeals at $6,500 all inclusive, payable to the appellants forthwith.

The appellant was injured in a motor vehicle accident.

In a prior arbitration for accident benefits, the arbitrator found the appellant was uninsured at the time of the accident.

The appellant subsequently brought an action against the tortfeasor for negligence and against his insurer for breach of contract and negligence.

The motions judge dismissed both actions on the basis of abuse of process and issue estoppel.

The Court of Appeal allowed the appeal, finding that the tort action was separate from the contractual dispute, and the negligence claim against the insurer raised different issues than those decided in the arbitration.

The appellant challenged a jury verdict in a personal injury action on the basis that the trial was unfair, relying on late service of expert reports, the applicability of a building code regulation, counsel's addresses, a Brown v. Dunn ruling, the jury charge, and cumulative unfairness.

The court held that no prejudice was shown from the timing of the reports, there was ample evidence of dangerous construction of the ramp regardless of the regulation's applicability, and the remaining complaints disclosed no reversible error.

The court also upheld the trial judge's treatment of gross-up.

The appeal was dismissed with costs.