A, DC v Prince Alfred College Incorporated

A, DC sued Prince Alfred College Incorporated (PAC) seeking damages for personal injury caused by sexual abuse by a boarding house master in 1962 when the plaintiff was a 12 or 13 year old boarder. The plaintiff alleged that the abuse caused ongoing trauma and significant loss, including the loss of his marriage and business, and diagnosed post traumatic stress disorder in 1996. The plaintiff claimed negligence and vicarious liability by PAC, as well as an extension of the limitation period under the Limitations of Actions Act. The court considered whether the plaintiff suffered injury, when the cause of action arose, whether PAC breached a duty of care, and whether PAC was vicariously liable for the master's actions. The court also examined whether the plaintiff was under a disability from his diagnosis in 1996, and whether an extension of time should be granted under the Limitations of Actions Act.

The court found that the plaintiff suffered significant ongoing trauma from the sexual abuse, but that PAC was not negligent in employing the master, its supervision of him, or the steps it took to address the issue after it was discovered. The court also found that the sexual abuse was not committed in the course of the master's employment, and therefore PAC was not vicariously liable. The court held that the plaintiff was not under a disability from his diagnosis in 1996, and that the delay in instituting proceedings was not caused by PAC. The court further found that the plaintiff did not discover facts material to his case within 12 months of instituting the action. The court held that it would have declined to grant an extension of time even if PAC was otherwise liable, due to the significant lapse of time since the relevant events and the prejudice to PAC. The court dismissed the claim.

The court dismissed the plaintiff's claim and ordered that the plaintiff pay PAC's costs of the proceeding.