Can an employer be vicariously liable for an unauthorized, intentional wrong such as the sexual assault committed by an employee?
Ontario, Canada
The following excerpt is from Ivic v. Lakovic, 2017 ONCA 446 (CanLII):
The more difficult issue is when an employer should be found vicariously liable for an unauthorized, intentional wrong, such as a sexual assault, committed by the employee. The courts are reluctant to impose no-fault liability for abhorrent, intentional acts on the part of an employee such as sexual assault: Jacobi v. Griffiths, 1999 CanLII 693 (SCC), [1999] 2 S.C.R. 570, at para. 44.
"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
Can an employer be vicariously liable for an employee's intentional wrong? (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)
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
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 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)
Can an employer be liable to an employee for the consequences of the employee’s negligence? (Ontario, Canada)
Does an employer have to be held liable in discrimination for every policy breach committed by its employees? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
Can an employer be vicariously liable for the acts of an employee? (Ontario, Canada)
Can an employer be vicariously liable for an employee's actions? (Ontario, Canada)
