March 23, 2021
H Vicarious Liability – Civil
| Case | Year | Summary | Decision |
| K.T. v Denis Vranich, Elixir and Paradise Lane Developments Hamilton Inc. | OSC 2011 | Case by waitress sexually assaulted against employee of bar and finding of vicarious liability. The employee was also seen as “operating mind” which is usually seen as a ground of liability independently of the VL test. | Judgment jointly and severally. The case was undefended. |
| Hudson v Youth Continuum, Phillip Brindle and The Brindle Agency Inc | OSC 2012 | The judgment was against the personal and corporate defendants jointly and severally. There is no analysis of vicarious liability, however. The case was undefended. | |
| Pawlett v Dominion Protection Service Court of Appeal | Alb CA 2008 | Finding on vicarious liability where the plaintiff was supervised by person she believed was in charge of the company, often left alone together. No sexual harassment manual found as a factor in the finding. | |
| Ivic v Lokavic Leave to Appeal denied | OCA 2017 SCC Feb 2018 | OCA denies plea of VL in case of sexual assault by cab driver against intoxicated woman traveling alone |
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