The Attorney General of Canada appealed a summary judgment decision that found it liable for negligence in failing to keep an inmate reasonably safe while housed at Millhaven Institution, a maximum security penitentiary.
The inmate was assaulted by three other inmates in his cell during a prison strike.
The motion judge granted summary judgment on liability, finding the Crown negligent in its placement of the inmate, failure to maintain surveillance, failure to respond to cell alarms, and failure to prevent cell access.
The Court of Appeal allowed the appeal, finding the motion judge exceeded his authority by making unjustified findings of fact on an inadequate evidentiary record and applying an incorrect legal standard for causation.
