Archdiocese vicariously liable Canada
A landmark ruling in the Newfoundland and Labrador Court of Appeal, which found that the Archdiocese of St. John’s has a responsibility to compensate victims of the horrific abuse suffered by boys at the Mount Cashel Orphanage, builds on previous law that justifies conditions for going after “deeper pockets” in trying to address past wrongs, says one of the lawyers representing the plaintiffs.
“This is a thorough decision that we believe accurately captures the state of the law in Canada with respect to vicarious liability for survivors of sexual abuse,” says lawyer Geoff Budden of the St. John’s law firm Budden and Associates, who represented the four abuse survivors.
He adds that holding the Archdiocese vicariously liable in this case recognizes the concept that if one defendant in a similar lawsuit doesn’t have the ability to pay compensation, it is a legitimate goal to aim to hold another party with “deeper pockets” liable, if they meet the criterial of vicarious liability.