Atwal v. Erb
Vicarious Liability Amendment in Employment Case
Summary
A civil procedure case involving a plaintiff seeking to amend their statement of claim to include allegations of vicarious liability and direct negligence against the employer of a driver involved in a motor vehicle accident. The court considered whether the amendment should be allowed and whether the employer should be added as a party based on vicarious liability.
Outcome
Amendments allowed as they did not raise a new cause of action or cause non-compensable prejudice to the defendants.
Key Factors
- vicarious liability
- amendment of pleadings
- employer-employee relationship
- discoverability principle
- prejudice in amendments
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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.