Limiting the Legal Liability of Religious Institutions for their Clergy: Cavanaugh v Grenville Christian College

M H Ogilvie

Research output: Contribution to journalArticle

Abstract

The purpose of this article is to explore the case law relating to the potential legal liability of ecclesiastical institutions for the conduct of their clergy and lay employees in the tort of negligence, vicarious liability and breach of fiduciary duty While a number of cases have resulted in findings of liability especially in those relating to the Indian residential schools, a recent decision from the Ontario Court of Appeal, Cavanaugh v. Grenville Christian College, suggests ways of thinking about the limits and scope of liability for institutions whose charitable purposes are occasionally betrayed by rogue persons over whom theymay have little control.
Original languageCanadian English
JournalDalhousie Law Journal
Issue number1.0
Publication statusPublished - Apr. 1 2016

Keywords

  • liability
  • ecclesiastical institutions
  • clergy
  • employees
  • tort
  • negligence
  • breach
  • fiduciary
  • residential schools
  • Ontario Court of Appeal

Disciplines

  • Indigenous, Indian, and Aboriginal Law
  • Torts

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