Vicarious Liability – Civil

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Vicarious Liability Cases
K.T. v Denis Vranich, Elixir and Paradise Lane Developments Hamilton Inc.OSCCase 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.
2011

Hudson v Youth Continuum, Phillip Brindle and The Brindle Agency IncOSCThe judgment was against the personal and corporate defendants jointly and severally. There is no analysis of vicarious liability, however. The case was undefended.
2012

Pawlett v Dominion Protection ServiceFinding 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.
Court of AppealAlb CA
2008

Ivic v LokavicOCAOCA finds against vicarious liability in case of sexual assault by cab driver against intoxicated woman travelling alone
2017

Osmani v Universal StructureOSCA finding of vicarious liability on USRL for the tortious battery and assaults by Mr. De-Almeida.Hard to reconcile this decision with the OCA reasons above.
December 2022