Can an individual be held responsible for the consequences of negligence caused by an independent contractor?

British Columbia, Canada


The following excerpt is from Dixon v. Eldorado Development Corp. Ltd., 1999 CanLII 5667 (BC SC):

A similar argument was rejected by McLachlin J. (as she then was) in Milina v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33 at 59-60 (S.C.). The plaintiff argued that the activity undertaken by the independent contractors was inherently dangerous, with the result that responsibility for its consequences could not be delegated. She held that the matter was governed by the Occupiers Liability Act rather than by the common law, and where there is a difference the specific legislation must prevail: Under the Act..., as discussed above, the occupier is not responsible for the consequences of negligence caused by an independent contractor when he has acted reasonably in his selection and supervision and the work was work which should have been undertaken.

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