Skip to Content

Vicarious Liability

Appeal Court rules that franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act

Jurisdiction: - British Columbia
Sector: - Oil & Gas - Retail Trade

In Petro-Canada v. British Columbia (Workers' Compensation Board), 2009 BCCA 396, the BC Court of Appeal ruled that a franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act.  You can read a summary of the case ("Vicarious Liability - Franchisor as "Employer"") by Davis LLP here.

"Vicarious Liability in Sexual Assault"

Jurisdiction: - Ontario
Sector: - Health Care

James C. Morton, at Steinberg Morton Frymer LLP, has written a paper on, "Vicarious Liability in Sexual Assault" (undated).

The paper discusses an employer's liability where an employee commits a sexual assault. In particular, it addresses the decision in Weingerl v. Seo, 2003 CanLII 13285 (ON S.C.), appeal allowed in part 2005 CanLII 21356 (ON C.A.).

"An Employer's Guide to Understanding and Avoiding Alcohol Liability"

Mothers Against Drunk Drivers Canada, or MADD Canada, have prepared "An Employer's Guide to Understanding and Avoiding Alcohol Liability (Second Edition)", with the assistance of a professor in the Faculty of Law, University of Western Ontario. It provides a thorough review of the key cases in Canada on liability for alcohol related incidents and accidents.

"Employer Liability for the Wrongful Acts of its Employees"

Earl Phillips and Robert Cooper, at McCarthy Tetrault in Vancouver have written a paper entitled, "Employer Liability for the Wrongful Acts of its Employees" (November 14, 2003).

The paper covers the following topics:

  1. Vicarious Liability.
  2. Agency
  3. Discrimination and Harassment
  4. Environmental Offences
  5. Direct Negligence of the Employer
  6. Fiduciary Obligations
  7. Limitation Defences

In their overview, the authors state:  read more »