Is an employee required to indemnify their employer for damages payable to a third party?
Ontario, Canada
The following excerpt is from Hollenbach v Les Wnuk, 2015 CanLII 10792 (ON SCSM):
37. In Douglas v. Kinger (2008), 2008 ONCA 452 (CanLII), 90 O.R. (3d) 721 (C.A.), leave to appeal denied [2008] S.C.C.A. No. 363, the court reviewed the emerging law on this point. As I understand the reasons for the court of Lang J.A., she concluded (at para. 46-47) that employees are not liable in tort to indemnify the employer for damages payable to a third party, except in cases of gross negligence or intentional wrongdoing. In other words, employees are not liable to their employers for ordinary negligence in the course of employment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Is a third-party funding agreement required to indemnify the representative plaintiff against an adverse costs award? (Ontario, Canada)
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
Is a servant liable to a tort action if he causes a breach of contract between his employer and a third party? (Ontario, Canada)
