Joe Slow was a janitor at the Church of What's Happening Now ("CWHN") located in SnakeRiver, Nova Scotia for 15 years (from 1985 to 2000). Reverend Jimmy Swillert was the church Pastor from 1992 to 2000. During this time, they were the only full-time employees of CWHN.The Church was incorporated in 1982 and is run by a committee called the "Christ Deacons." TheChurch is well off financially and has many wealthy parishioners.

Unbeknownst to the Deacons and parishioners both Slow and Swillert were paedophiles. Over a period from 1995 to 2000 Slow and Swillert sexually assault ten children of parishioners - Slow assaulted six children (ages 10 to 12 and a total of 9 incidents) and Swillert four children (ages 11 to 14 and a total of 6 incidents). All these assaults, except two, took place at Swillert's cottage on Loon Lake on Fridays during Swillert's so-called "Loon Adventures for Kids" at the lake.

One assault occurred in Slow's "maintenance" room located at the "Glebe House," which isSwillert's ordinary residence located next to the Church and part of the Church property.

Slow helped Swillert with organizing the "Adventure" events and had a cottage of his own at the lake, and one assault occurred at Slow's cottage.

Theofficial purpose of the "Loon Adventures" was to teach kids about the outdoors and how toboat, swim, fish etc.

The children/victims were recruited by ads placed in the local newspaper by Slow, but every yearSwillert managed to put an ad for the "adventures" in the church newsletter (called "What's Happening Now at What's Happening Now"). Swillert and Slow did not originally (i.e., first contact) meet any of the children/victims at the church, but they were all the children of CWHN parishioners who responded to the newspaper and newsletter ads, and one of the victims was the daughter of a Deacon, Fred Mass.

Another one of the Deacons, Tony Pew, was a good friend of Swillert and spent many weekends,with his two children, at Swillert's cottage. Pew's children were not assaulted by Slow or Swillert.However, one of Pew's children,12-year-old Benny Pew, once told his dad that he had seenSwillert touch another child in a "bad place," but Tony never mentioned or reported this to anyoneincluding the Christ Deacons.

In 1995 the Church Deacons sent a letter to Swillert, after one of the kids was injured in a boating accident at the lake, advising him that the Church did"not approve" of the "Adventures."From then on, nofurther "Loon Adventure"ads appeared in the Church newsletter.

Swillert died in 2019 and Slow is now a penniless drunk. In October of 2021, the parents of the victims sue CWHN for damages for (1) assault and battery claiming that CWHN is vicariouslyliable for Slow and Swillert's actions (they do not sue CWHN for negligence).

CWHN comes to you, their lawyer, and asks you for an opinion letter regarding their potentialvicarious liabilityin these circumstancesfor (1) Slow's sexual assaults/batteries and (2) Swillert'ssexual assaults/batteries.

In this opinion letter to the CWHN please cover and discuss all relevant issues and arguments, refer to relevant Court decisions/precedents by name, and comment on the strength and weakness of various arguments and the probability of a Court deciding that there is or is not vicarious liability in these circumstances.