John Doe V. Avalon East School Board (2004)

Vicarious liability is a common law concept that refers to the liability that arises when one party, such as an employer, is legally liable for the acts or omissions of another party, such as an employee. This is because employers have a duty to take reasonable care for the safety of their employees and those of others who come into contact with them and their business.

Does vicarious liability expose businesses to too much liability?

In the case study 4.1 (Tardif v. Wiebe), we learned that vicarious liability does not always applied on employers for employee’s wrongdoings. In most cases, the decisions are made upon determining weather employee was acting in their own personal capacity and interest, or in the course of their employment.

Should employers always be liable for employee’s wrongdoings?

Avalon East School Board, [2004] N.J. No. 426 (Nfld. S.C.T.D.). John Doe was a grade12 student at St. Michael’s high school in Newfoundland. He was sexual assaulted by his computer teacher, Mr. Neary, when he was taking a missed exam in a separate room. John Doe asked his teacher to stop and Mr. Neary offered him $20 dollar not to tell anyone. John Doe immediately went and told another teacher who then contacted the school board and the board called police the same day. Mr. Neary was charged with a single count of sexual assault and school board was sued on the basis of vicarious liabilities.

The court ruled that school board was in fact vicariously liable for teacher’s misconduct although they did nothing to cause the assault. The court stated that it was the school board decision to give such a risky individual, as a trusted professional employee with authority over students. Therefore, the school board must be held accountable when those risks emerge and cause loss or damages to innocent