EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia

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EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia
Supreme Court of Canada
Hearing: 7 December 2004
Judgment: 28 October 2005
Citations 2005 SCC 60
Docket No. 29890
Prior history APPEAL from B.(E.) v. Order of the Oblates of Mary Immaculate 2003 BCCA 289 (15 May 2003), setting aside B. (E.) v. Order of Oblates 2001 BCSC 1783 (19 December 2001)
Ruling Appeal dismissed
Court Membership
Chief Justice: Beverley McLachlin
Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Majority Binnie J, joined by McLachlin CJ and Major, Bastarache, LeBel, Deschamps, Fish and Charron JJ
Dissent Abella J


EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 SCR 45; 2005 SCC 60 is a leading case decided by the Supreme Court of Canada on vicarious liability in employment law and on the application of Bazley v Curry. The Court held that a residential school could not be held liable for the sexual assaults committed by a support staff member because there was not enough connection between the employee's position and the risk of harm.

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