Kandavanam Maria-Antony v. Sritaran Selliah

2014 ONSC 4264 (CanLII)Decided Workplace injury and workers' compensation

Vicarious Liability vs WSIA Immunity

Summary

This is a merits decision concerning whether section 29 of the Workplace Safety and Insurance Act, 1997 precludes a vicarious liability claim against a vehicle owner under the Highway Traffic Act for injuries caused by a co-worker's negligence. The court analyzed whether the statutory immunity of the driver eliminates joint and several liability for the unprotected vehicle owner, concluding that statutory vicarious liability remains actionable unless explicitly restricted by legislation.

Outcome

Statutory vicarious liability of vehicle owners remains actionable unless explicitly restricted by legislation.

Key Factors

  • Workplace Safety and Insurance Act
  • Vicarious liability
  • Highway Traffic Act
  • Statutory immunity
  • Joint and several liability

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