What are the elements of a tort against a director, officer or employee?
Ontario, Canada
The following excerpt is from Sudbury Downs v. Ontario Harness Horse Assn., 2002 CanLII 8796 (ON SC):
As was stated at Paragraph 61 of Balanyk v. University of Toronto, 1999 CanLII 14918 (ON SC), [1999] O. J. No. 2162 (QL): “It is open to the plaintiff to plead specific elements of a tort against an individual director, officer or employee provided the plaintiff specifies the material facts giving rise to the independent liability in respect of each individual. It is improper to plead against a number of individual defendants as a group in the hope some liability may attach to one or more of them.”
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