What is the test for a motion to strike the vicarious liability claim?
British Columbia, Canada
The following excerpt is from Ari v. Insurance Corporation of British Columbia, 2019 BCCA 183 (CanLII):
The chambers judge found that the pleadings disclosed a cause of action for the Primary Plaintiffs. ICBC had already applied to strike the vicarious liability claim, in which the application was dismissed and upheld on appeal: Ari v. Insurance Corporation of British Columbia, 2013 BCSC 1308, aff’d 2015 BCCA 468. That issue was therefore res judicata.
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