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Top Five 2006

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Summaries of important legal cases from 2006, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2006 Summer Law Institute.

1. Childs v Desormeaux, [2006] 1 SCR 643, 2006 SCC 18

Party hosts found not responsible for injury to another caused by an intoxicated party guest who is in a car accident after leaving their home. The full decision is available here.

2. EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 SCR 45, 2005 SCC 60

Employer operating residential school found not to be vicariously liable for sexual assault committed by an employee. The full decision is available here.

3. R v Labaye, [2005] 3 SCR 728, 2005 SCC 80

Operating a common bawdy house is found not to constitute criminal indecency in this circumstance, but the court creates a new test for determining what constitutes criminal indecency. The full decision is available here.

4. R v Boulanger, [2006] 2 SCR 49, 2006 SCC 32

Public officer did not breach trust by asking for an additional report on his daughter’s car accident. The full decision is available here.

5. R v BWP; R v BVN, [2006] 1 SCR 941, 2006 SCC 27

General deterrence is found not to be a sentencing factor under the YCJA. The full decision is available here.

6. Young v Bella, [2006] 1 SCR 108, 2006 SCC 3

A university student is suspected to be a child abuser. Teacher and university are found liable for reporting without having reasonable cause. The full decision is available here.

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