37. In Douglas v. Kinger (2008), 2008 ONCA 452 (CanLII), 90 O.R. (3d) 721 (C.A.), leave to appeal denied  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.
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