The recent case of H.N. v School District No. 61 Greater Victoria , 2024 BCSC 128 demonstrates the courts’ ability to determine that a school board is not vicariously liable for abuse conducted by their school staff against students. Despite a recent trend in modern courts frequently finding school boards vicariously liable for actions of school staff, the Court in H.N. v School District No. 61 Greater Victoria reaffirmed the analysis set out by the SCC in Jacobi and explicitly rejected the findings of a newer case, Williamson, which found vicarious liability of a school board for the conduct of a high school music teacher and band leader.
February.27.2024