50G—Institutions vicariously liable for abuse of child by employee
(1) An institution is
vicariously liable for abuse of a child by an employee of the institution
if—
(a) the
apparent performance by the employee of a role in which the institution placed
the employee supplies the occasion for the abuse of the child by the employee;
and
(b) the
employee takes advantage of that occasion to abuse the child; and
(c) the
abuse occurred while the child was under the care, supervision, control or
authority of the institution.
(2) In determining if
the apparent performance by the employee of a role in which the institution
placed the employee supplied the occasion for the abuse of a child, a court is
to take into account whether the institution placed the employee in a position
in which the employee has 1 or more of the following:
(a)
authority, power or control over the child;
(b) the
trust of the child;
(c) the
ability to achieve intimacy with the child.
(3) This section does
not affect, and is in addition to, the common law as it applies with respect
to vicarious liability.