How has the issue of fiduciary duty been considered in cases involving sexual assault at residential schools?
Alberta, Canada
The following excerpt is from Re Residential Indian Schools, 2002 ABQB 667 (CanLII):
The issue of fiduciary duty was considered in similar circumstances in M.(F.S.). In that case the plaintiff had been sexually assaulted over an extended period of time by a dormitory supervisor, while he was a student at an Indian Residential School. In determining whether the Anglican defendants owed the plaintiff a fiduciary duty, Dillon J. applied the analysis prescribed by Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99.
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