Bermann and John Mackay Milling Limited v. Occhipinti and Occhipinti
Employer's Right to Damages for Loss of Employee Services
Summary
This is a merits decision regarding an employer's common law right to recover damages from a third party for the loss of an employee's services caused by a tortious act. The court addressed whether the master's cause of action is distinct from the servant's and whether damages can include loss of profits beyond wages paid. The court found insufficient evidence to establish loss of profits or loss on processed grain, but held that demurrage charges were recoverable as proven damages.
Outcome
Partial success for plaintiff; damages for demurrage charges awarded, but loss of profits claim dismissed due to insufficient evidence.
Award
Demurrage charges recoverable as proven damages; loss of profits and loss on processed grain not awarded due to insufficient evidence.
Key Factors
- master and servant
- loss of services
- third party tort
- measure of damages
- loss of profits
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