HUMAN RIGHTS, HARASSMENT & ABUSE

The Supreme Court of Canada has recently considered the liability of institutional care facilities, school boards, and community service organizations for sexual abuse committed by their employees. The resulting decisions have broadened the circumstances under which organizations will be held liable for abuse. They have also affirmed the victim's right to recover from persons other than the actual wrongdoer.

Similarly, claims against landowners and property management companies for assaults occurring on their premises are becoming increasingly common. As a result, any organization that provides services to the public, or is accessible by the public, needs to carefully evaluate its operations and likely exposure to claims based upon abuse or assault.