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Struck Charter damages and fiduciary-duty claims against Province in corrections litigation

Former inmates alleged they had been sexually assaulted by a provincial corrections officer and sought damages against the Province in tort, for breach of fiduciary duty, and under ss. 7 and 12 of the Charter. The B.C. Court of Appeal struck the Charter damages and fiduciary duty claims, holding that the existing tort claims provided an adequate avenue for compensation, vindication and deterrence and that the pleadings did not support a distinct fiduciary obligation. The plaintiffs’ tort claims, including negligence and vicarious liability, were permitted to proceed.