The respondent was sexually assaulted by her foster father while in the care of the provincial government.
She sued the Crown for vicarious liability and breach of non-delegable duty.
The Supreme Court of Canada, applying its companion decision in K.L.B. v. British Columbia, held that the Crown was not vicariously liable for the torts of foster parents and did not owe a non-delegable duty to ensure no harm came to foster children.
The Court also held that social assistance benefits received by the respondent must be deducted from her damage award for past loss of earning capacity to avoid double recovery, and that prejudgment interest on such an award should be calculated incrementally.
