The Supreme Court of British Columbia recently dismissed a Plaintiff’s claim for vicarious liability against the defendant school board (the “School Board”) which had arranged for private tutoring sessions with a tutor (the “Tutor”) who later sexually abused the Plaintiff.
Background
In H.N. v. School District No. 61 (Greater Victoria)[1], the 35-year-old Plaintiff sued the Estate of the Tutor, and the School Board which had recommended the Tutor to him, for sexual abuse that occurred when the Plaintiff was 11 years old.
When the Plaintiff was in grade six, he was a bright and high achieving student who was particularly interested in reading and writing, and who was working on a novel outside of class. His grade six teacher recommended a retired teacher who he knew reasonably well to act as a private Tutor, who he could meet with on school property.
The Plaintiff met with the Tutor on school property a number of times, and the two also regularly exchanged emails, typically about chapters of the Plaintiff’s novel or books the Tutor had recommended to the Plaintiff. The Plaintiff did not allege any inappropriate behaviour during this time period, other than one or two minor instances, such as when the Tutor hugged him on his birthday.
The Tutor and the Plaintiff’s parents then began to arrange private sessions at the Tutor’s home, where the Tutor’s behaviour became increasingly inappropriate, including the Tutor insisting that the Plaintiff lay on top of him, exposing his erect penis to the Plaintiff and asking to perform oral sex on the Plaintiff (which the Plaintiff refused, and never occurred), as well as telling the Plaintiff that he was his best friend, confessing feelings of love, and threatening to self-harm or commit suicide if the Plaintiff told anyone or cut off contact. Eventually, the relationship petered out as the Plaintiff aged and the Tutor lost interest.
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