Can a director or a servant be held liable in damages as a joint participant in one of the recognized heads of tortious wrong?
Ontario, Canada
The following excerpt is from Tripemco v. Oren Nirenberg Associates, 2010 ONSC 5380 (CanLII):
The Said v. Butt[1] exception, in the words of McCardie J., p.506 (emphasis supplied): I hold that if a servant acting bona fide within the scope of his authority procures or causes the breach of a contract between his employer and a third person, he does not thereby become liable to an action of tort at the suit of the person whose contract has thereby been broken. ... Nothing that I have said to-day is, I hope, inconsistent with the rule that a director or a servant who actually takes part in or actually authorizes such torts as assault, trespass to property, nuisance, or the like may be liable in damages as a joint participant in one of such recognized heads of tortious wrong.
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