ABSTRACT
Child abuse plaintiffs have continued to access the Courts, individually and through the mechanism of the class action. The Supreme Court of Canada held that an employer would be vicariously liable for child abuse perpetrated by an employee where the risk of abuse was created by the terms and conditions of employment. X v Bedfordshire County Council concerned the liability of a public authority for its failure to protect children at known risk on the basis of a special relationship requiring action. The child's vulnerability, and the high degree of responsibility inherent in the decision to take a child into care, create a high standard of care or 'special diligence' to be exercised by the public authority in the discharge of its duty. The potential liability costs for governments, with regards to the residential schools for aboriginal children, are considerable as governments seek to control costs they may turn more often to Alternative Dispute Resolution and other approaches.
