Armstrong v. Mac's Milk Ltd. et al.
Employee Status: Vicarious Liability for Negligence
Summary
This case addresses whether a defendant installing window decals was an employee or independent contractor under the control and organization tests. The court held that the defendant was an employee, making the employer vicariously liable for his negligence in creating a slip hazard. The plaintiff was awarded damages for personal injuries resulting from the incident.
Outcome
Defendant held to be an employee; employer vicariously liable; plaintiff awarded damages
Award
$10,251.60 in total damages ($4,751.60 special damages and $5,500 general damages)
Key Factors
- employee or independent contractor
- vicarious liability
- control test
- organization test
- 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.