Understanding Sexual Assault and Battery in Civil Litigation: A Series
- Apr 22
- 3 min read
Part 4: What Role does a Breach of Fiduciary Duty Play in Sexual Assault and Battery Cases?
By: Gillian Hnatiw & Co.
In recognition of Sexual Assault Awareness Month, this series summarizes the current civil law in Canada surrounding sexual assault and battery, with the aim of making the law more transparent and accessible for all. For more information or representation related to your legal claim, contact Gillian Hnatiw & Co. here.
Sexual abuse often occurs in contexts where one person is trusted to care for or protect another. In these situations, the harm is not only the abuse itself, but the misuse of power that made the abuse possible. Canadian civil law recognizes this reality through the concept of fiduciary duty, which is a heightened legal responsibility placed on individuals in certain positions of trust. This article explains what fiduciary duties are, when they arise, and how civil law holds people accountable when that trust is breached, particularly in cases involving sexual abuse.
Fiduciary duties arise out of relationships of trust. For example, the relationships between a doctor and a patient, a teacher and a student, a lawyer and a client, or parents and their children. These are all recognized fiduciary relationships, where the law imposes fiduciary obligations on the doctor, teacher, lawyer, and parents. If those duties are broken, the law allows the harmed person to seek accountability through a civil claim.
A fiduciary duty requires the person owing the duty act in the best interests of the person to whom the duty is owed. The duty is based on an obligation of loyalty and a requirement to act in a disinterested manner that puts the beneficiary’s interests, such as their safety and wellbeing, ahead of all other interests.[1]
The law in Ontario also recognizes new kinds of fiduciary relationships can arise depending on the relationship between the parties. These relationships are still characterized by an imbalance in power and vulnerability of the beneficiary, such that the fiduciary’s actions can adversely impact the interests of the beneficiary.
A tort (like sexual assault) and a breach of fiduciary duty can be concurrent causes of action arising from the same facts.[2] To illustrate this, the Supreme Court of Canada held in M.(K.) v. M.(H.), 1992 CanLII 31 (SCC) that, by default, sexual abuse committed by an individual who is in a fiduciary relationship with the victim constitutes a breach of fiduciary duty.[3]
Staying silent or failing to intervene - especially where there is a duty to protect - can itself be a breach of fiduciary duty. For example, in Hockley v. Riley, 2007 ONCA 804 (CanLII), the Ontario Court of Appeal confirmed the trial judge’s finding that the defendant-babysitter was in a fiduciary relationship with the plaintiff, and the defendant repeatedly breached this duty by failing to report her husband’s sexual abuse of the plaintiff.[4]
Courts have taken particular care in establishing fiduciary duties where an individual cares for a child. In Seed v. Ontario, 2012 ONSC 2681, the court held that parents, guardians, school boards and other persons with care of children owe a fiduciary duty to those children.[5]
Fiduciary duties exist to prevent abuse before it happens and to create accountability when trust is violated. These heightened standards reflect how seriously the law treats power, vulnerability, and responsibility.
Gillian Hnatiw & Co. is a leading firm in civil sexual assault and sexual battery litigation. For experienced representation and clear legal guidance, contact Gillian Hnatiw & Co. here.
If you or someone you know has been affected by sexual violence and requires immediate support, confidential help resources are available in your community.
The team at Gillian Hnatiw & Co. thanks student Bertina Lou for her contribution and assistance with this article. This article is provided for general informational and educational purposes only and does not constitute legal advice. Reading this content does not create a solicitor‑client relationship. Laws and legal procedures vary depending on individual circumstances and jurisdiction. If you require legal advice regarding your specific situation, please consult a qualified legal professional.
[1] See Blackwater v. Plint, 2005 SCC 58 (CanLII) at para 57; K.L.B. v. British Columbia, 2003 SCC 51 (CanLII) at para 49.
[5] Seed v. Ontario, 2012 ONSC 2681, 31 C.P.C. (7th) 76, at para. 99.
Comments