Lockhart et al. v. Stinson and The Canadian Pacific Railway Company.
Vicarious Liability: Employer Indemnity for Unauthorized Acts
Summary
This is a merits decision addressing the tort of negligence and the doctrine of vicarious liability in an employment context. The court determined whether the employer was liable for the employee's negligent acts committed while using an unauthorized vehicle contrary to explicit instructions, and whether the employer could seek indemnification from the employee.
Outcome
Employer liable for negligence but entitled to indemnity from servant only if liability established on appeal
Key Factors
- vicarious liability
- scope of employment
- employer liability
- indemnification
- negligence
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.