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.

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