Collings v. Jew
Vicarious Liability: Employer Liable for Employee Accident
Summary
This is a merits decision regarding an employer's vicarious liability for an employee's motor vehicle accident that occurred during a work-related training trip. The court applied the Bazley v. Curry test to determine if there was a real, meaningful, and substantive connection between the employment and the wrongful act, finding such a connection existed. Additionally, the court addressed whether statutory liability protections under section 267.5 of the Insurance Act applied, concluding they did not because the liability arose from the employment relationship rather than vehicle ownership.
Outcome
Employer held vicariously liable; statutory protections under Insurance Act not applicable.
Key Factors
- vicarious liability
- course of employment
- Bazley v. Curry test
- Insurance Act s. 267.5
- employer liability
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