Clark Woods LLP represented the plaintiff in a B.C. Supreme Court case that found both her stepfather and mother liable for injuries that followed childhood sexual abuse
A B.C. childhood sexual abuse lawsuit has resulted in a $971,291 damages award after the BC Supreme Court found a mother liable for breaching her fiduciary duty to her daughter following abuse by the girl’s stepfather.
In Kroeker v. Rennie, 2026 BCSC 1195, Justice Gottardi found that both the sexual abuse committed by Tracy Kroeker’s stepfather and her mother’s subsequent conduct contributed to psychological injuries that have affected her for decades.
The plaintiff, Tracy Kroeker, was represented by Clark Woods LLP lawyer Josh Woods. Neither defendant attended the trial, which proceeded in their absence after the Court found they had received proper and ample notice of the proceedings.
Justice Gottardi found Kroeker’s stepfather, Alan Rennie, liable for both sexual assault and breach of fiduciary duty. The Court also found her mother, Myrna Rennie, liable for breaching the fiduciary duty she owed to her daughter through her conduct after learning of the abuse.
“Myrna’s conduct in prioritizing her own personal needs, and those of her daughter’s abuser, is the epitome of disloyalty,” Justice Gottardi wrote. “Myrna had no discussions with Tracy about the abuse after it happened. She took no steps and had no discussions with Alan or Tracy about putting in protections or behavioural guidelines when Alan moved back into the home after being released from prison.”
Childhood Sexual Abuse and a Return to the Family Home
The Court heard that Kroeker was 12 years old and in Grade 7 when she was sexually abused by Rennie, who was living with Kroeker and her mother as a stepparent.
Kroeker eventually disclosed the abuse to authorities. Rennie was arrested and pleaded guilty to abusing her. Despite his conviction and imprisonment, Kroeker’s mother later welcomed Rennie back into the family home and married him.
The Court did not find that Kroeker’s mother knew about the sexual abuse while it was occurring.
“I do not find that Myrna was aware of the abuse and intentionally took no steps to stop it,” Justice Gottardi wrote.
Her conduct after learning about the abuse, however, was central to the Court’s finding of liability.
The Court heard evidence from Myrna’s examination for discovery that she never discussed the abuse with her daughter, did not raise the issue with school authorities when Kroeker began struggling at school, and took no steps to establish protections when Rennie returned to the family home.
When asked what steps she took to ensure Rennie would not abuse Kroeker again when her daughter returned to live in the home, Myrna answered: “I didn’t think any steps were necessary. It’s – he – we were just going to work through it.”
Court Finds Mother Breached Fiduciary Duty to Her Daughter
Parents owe a fiduciary duty to their children, requiring them not to put their own interests, or the interests of others, ahead of their child in a way that abuses the child’s trust.
In this case, the Court found Myrna breached that duty through the decisions she made after learning what had happened to her daughter.
Justice Gottardi noted that Myrna continued her relationship with Rennie, allowed him to return to the family home after prison and ultimately married him. When asked during discovery whether she had considered what forgiving Rennie might do to her daughter, Myrna answered simply: “No.”
The Court found that Kroeker no longer felt safe in the family home and spent time staying with her brothers, friends and her father in an effort to avoid being there.
Justice Gottardi emphasized that the decision should not be interpreted as establishing liability whenever a parent attempts to continue a relationship with someone who has abused their child.
“It may not be that every case in which a heartbroken spouse attempts to forgive their partner for an unimaginable violation against a child will result in a breach of fiduciary duty, but it is a breach on the facts of this case,” the judge wrote.
The Court ultimately found Myrna’s decision to prioritize herself and Rennie constituted a breach of the fiduciary duty she owed to her daughter.
Court Finds Both Defendants Contributed to the Harm
The Court also had to determine how Kroeker’s psychological injuries could be attributed to different traumatic events throughout her childhood.
Expert psychiatric evidence accepted by the Court found it was impossible to separate the effects of the sexual abuse from the way the abuse was subsequently handled by Kroeker’s mother and other traumatic experiences.
Justice Gottardi ultimately found the injuries were indivisible and that both defendants contributed to them.
“Accordingly, I find that the defendants, Alan and Myrna, through their misconduct, were both causal contributors to Tracy’s psychological injuries,” Justice Gottardi wrote.
The Court found Kroeker had experienced lasting psychological consequences, including PTSD, depression, anxiety, impaired emotional development and other difficulties that continued into adulthood. The evidence also established that those injuries affected her education and ability to work.
More Than $971,000 in Damages Awarded
The Court awarded Kroeker a total of $971,291 in damages, consisting of:
- $275,000 in non-pecuniary damages;
- $470,000 for past income loss;
- $156,000 for loss of future income; and
- $70,291 for loss of CPP benefits.
The Court also ordered the defendants to pay $23,851.19 to the Province of British Columbia for health-care services provided to Kroeker in connection with her injuries.
In assessing damages, Justice Gottardi pointed to both the original abuse and what happened after Rennie was released from prison.
“After Alan’s arrest, conviction and imprisonment, Myrna welcomed him back into the family home, married him, and did nothing to support or protect Tracy while making decisions that put her at further risk,” the judge wrote.
The Court awarded $275,000 for pain, suffering, disability and loss of enjoyment of life, including a component for aggravated damages, with the balance of the award reflecting the impact the injuries had on Kroeker’s past and future earning capacity and retirement benefits.
A Significant Decision on Parental Fiduciary Duty
The decision illustrates that civil liability arising from childhood sexual abuse may extend beyond the person who perpetrated the abuse.
In Kroeker’s case, the Court did not find that her mother knew about the abuse while it was happening. Instead, the finding against her arose from what she did after learning about it and the Court’s conclusion that those actions breached the fiduciary duty she owed her daughter.
The decision also confirms that claims against someone other than the perpetrator can fall within B.C.’s limitation-period exemption for claims relating to sexual misconduct. Justice Gottardi found Kroeker’s fiduciary-duty claim against her mother was sufficiently connected to the sexual misconduct to qualify for the exemption.
Clark Woods LLP represented Tracy Kroeker in the proceedings
If you need legal advice or assistance relating to a civil claim, contact Clark Woods LLP to discuss your circumstances and legal options.
