What is the common issue in a certified sexual abuse action?

British Columbia, Canada


The following excerpt is from Williams v. College Pension Board of Trustees, 2005 BCSC 788 (CanLII):

It appears that all class members share a common interest in whether the defendants have breached their fiduciary duty as alleged in the statement of claim and, if so, the nature of the relief that may be ordered. The plaintiffs point out that the statement of the common issues is not dissimilar to other certified actions. For example, the class defined as students at the Jericho School between 1950 and 1992 claiming to have suffered injury, loss or damages resulting from misconduct of a sexual nature at the school, had the following question certified: "Was the defendant negligent or in breach of fiduciary duty in failing to take reasonable measures in the operation of the management of the school to protect students from misconduct of a sexual nature by employees, agents, or other students at the school?": see Rumley v. British Columbia, [2001] 3 S.C.R. 184, 2001 SCC 69 at ¶ 21.

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