KEY FINDINGS
| Case Name | Award for Pain & Suffering | Year Decided | Institution | Source |
|---|---|---|---|---|
| Langstaff v. Marson | $341,293 | 2013 | School | Link to Case |
| K.M. v. Marson | $250,000 | 2018 | School | Link to Case |
| DS v. Quesnelle | $400,000 | 2019 | Other | Link to Case |
| John Doe v. O'Dell | $175,000 | 2003 | Church | Link to Case |
| Swales v. Glendinning | $175,000 | 2004 | Church | Link to Case |
| JB v. RB | $275,000 | 2021 | Other | Link to Case |
| Rosenthal v. Rosenthal | $180,000 | 2014 | Other | Link to Case |
| C.O. v. Williamson | $300,000 | 2020 | School | Link to Case |
| M.B. v. 2014052 Ontario Ltd. | $300,000 | 2012 | Employer | Link to Case |
| Milne v. Betts | $225,000 | 2012 | Other | Link to Case |
| Drijber v. Betts | $250,000 | 2012 | Other | Link to Case |
| DMN v Staples | $225,000 | 2013 | Other | Link to Case |
| Shaw v. Staples | $225,000 | 2013 | Other | Link to Case |
| K.T. v. Vranich | $175,000 | 2011 | Employer | Link to Case |
| Evans v. Sproule | $150,000 | 2008 | Police | Link to Case |
| D.M. v. W.W | $95,000 | 2013 | Other | Link to Case |
| DP v. Allen | $125,000 | 2004 | Church | Link to Case |
| Zando v. Ali | $175,000 | 2017 | Medical | Link to Case |
| K.K. v. K.W.G., | $100,000 | 2008 | Other | Link to Case |
| Hockley v. Riley | $100,000 | 2005 | Other | Link to Case |
| S. (A.) (Litigation Guardian of) v. S. (S.) | $105,000 | 2007 | Other | Link to Case |
| C.S. v. Nigro | $100,000 | 2010 | Other | Link to Case |
| Badreddine v. Shapovalov | $50,000 | 2019 | Employer | Link to Case |
| B. (R.) v. S. (E.) (Litigation guardian of) | $70,000 | 2016 | Other | Link to Case |
| DG v RM | $35,000 | 2012 | Other | Link to Case |
| RA1 v JM | $35,000 | 2013 | Other | Link to Case |
| Weingerl v. Seo | $25,000 | 2005 | Medical | Link to Case |
| R. (J.) v. White | $20,000 | 2001 | Medical | Link to Case |
| D.B. et al v Johnson | $5,500 | 2012 | Other | Link to Case |
SUMMARY
In 2013 a man won over $3 million in his lawsuit against the Hastings and Prince Edward District School Board after being sexually assaulted by his science teacher in 1976 and 1977.
At the time of the assaults, he was 12 years old. The science teacher had a mini zoo he used to lure in children. The boy would help the teacher clean animal cages and keep the animals fed. The teacher also had a key to the school to take care of the animals on the weekends.
The teacher was allowed to be alone with the boy during recess, after school, and on weekends. It was during these times that the teacher would sexually assault the boy. As a result of the sexual assaults, the man suffers from PTSD. He reported the assaults to the police in 2006. The teacher was then charged and convicted of sexual assault.
Factual Summary
In the late 1960s, the principal was concerned about the teacher’s behaviour around children and confronted the teacher. He told the teacher to be careful, but no further action was taken. Then in 1976, the principal was approached by a parent and asked if the teacher’s behaviour with the students was appropriate. The principal addressed the teacher about the concerns and kept a close eye on him however, no further action was taken.
Furthermore, students would call the teacher weird and a pervert. Principals and other teachers were aware of what the students were saying, but no action was taken by the principal or school board. The boy was one of several victims of the science teacher. The school was aware of the teacher’s inappropriate actions but failed to take action to stop the abuse. Their negligence caused a severe amount of damage. Read the case of another victim of the science teacher here.
School Board Liability
The judge applied the legal doctrine of vicarious liability and held the school board responsible for the injuries suffered by the Plaintiff at the hands of the teacher. Although the school board denied responsibility for the abuser/teacher, the judge found that the school board had a legal duty to ensure students were safe at school, and the abuser carried out the abuse while on school property using the school’s resources.
Vicarious Liability
Where one party is held legally responsible for the unlawful conduct of another
Compensation and Damages
The judge ordered the teacher and the school board to pay a total of $3,219,923 to the man for the damages he suffered from the sexual assaults.
He was awarded $341,293 in general damages and $297,000 for future care costs. An additional $450,000 was awarded for past loss of income and $925,000 for future loss of income. The judge also awarded $1,200,000 in punitive damages as punishment to the school for their negligence in allowing the abuse to happen and to punish the teacher for his atrocious actions.
For more information about pursuing a lawsuit for sexual assault and harassment that occurred at school, click here.
