What is the test for vicarious liability in a tort action brought by an employee/agent/contractor?

British Columbia, Canada


The following excerpt is from Lee v. Transamerica Life Canada, 2016 BCSC 191 (CanLII):

In order for vicarious liability to be imposed, a plaintiff must establish that the employee/agent/contractor committed a tort within the course and scope of their employment as such. Particularly, in the case of intentional wrongdoing, the court will usually inquire whether the wrongful act is sufficiently related to conduct authorized by the employer to justify the imposition of vicarious liability: Bazley v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534.

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