What is the standard of care owed to a school for sexual activity between a teacher and a student?
British Columbia, Canada
The following excerpt is from R.(L.) v. R., 1998 CanLII 3957 (BC SC):
It is obvious that, in the 42 year period in question here, the standard of care owed by the defendant was subject to change. That is demonstrated by the decision in Lyth v. Dagg (1988), 46 C.C.L.T. 25 (B.C.S.C.) in which the court held a school not liable for sexual activity between a teacher and a student on the basis that the student consented to the sexual contact. No such activity would now be tolerated: see s. 153 Canadian Criminal Code.
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