In what circumstances will an employer be held vicariously liable for an employee’s unauthorized, intentional wrongs?
Alberta, Canada
The following excerpt is from Re Indian Residential Schools, 2002 ABQB 308 (CanLII):
In addition, the plaintiffs plead vicarious liability. In determining whether an employer is vicariously liable for an employee’s unauthorized, intentional wrongs where precedent is inconclusive, the fundamental question is whether the wrongful act is sufficiently related to conduct authorized by the employer such that it justifies the imposition of vicarious liability (Bazley v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534 at 559). That inquiry will require consideration of a host of factors including the extent of the power conferred on the employee in relation to the victim. The actions have not progressed to a point where these issues can fairly be determined. D. Admissible Evidence
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