John Doe v. Bennett, [2004] 1 S.C.R. 436, 2004 SCC 17, 2004 SCC 17 (2004)

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John Doe v. Bennett, [2004] 1 S.C.R. 436, 2004 SCC 17, 2004 SCC 17 (2004)

John Doe v. Bennett, [2004] 1 S.C.R. 436, 2004 SCC 17

Roman Catholic Episcopal Corporation of

St. George's Appellant v.

John Doe ("a pseudonym") and John Doe

("a pseudonym") Respondents and between

John Doe ("a pseudonym") and John Doe

("a pseudonym") Appellants on cross-appeal v.

Roman Catholic Episcopal Corporation of

St. George's Respondent on cross-appeal and

Alphonsus Penney, Raymond Lahey, Roman

Catholic Episcopal Corporation of St. John's,

James MacDonald, and the Roman Catholic Church Respondents on cross-appeal and

Attorney General of Canada and Canadian

Conference of Catholic Bishops Interveners

Indexed as: John Doe v. Bennett

Neutral citation: 2004 SCC 17.

File No.: 29426.

2004: January 14; 2004: March 25.

Present: McLachlin C.J. and Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel, Deschamps and Fish JJ.

on appeal from the court of appeal for newfoundland and labrador

Torts - Intentional torts - Liability - Corporation sole - Sexual abuse - Boys sexually abused by priest - Whether episcopal corporation liable for priest's sexual assault of boys - Whether corporation sole's activities and liability confined to matters pertaining to property.

Torts - Vicarious liability - Intentional torts - Sexual abuse - Boys sexually abused by priest - Whether episcopal corporation vicariously liable for priest's sexual assault of boys.

Over a period of almost two decades, B, a Roman Catholic priest in Newfoundland, sexually assaulted boys in his parishes. The plaintiff-respondents sued the appellant episcopal corporation and the Roman Catholic Church, among others. The trial judge found the appellant vicariously liable but dismissed the claim aga...

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