Can an employer be vicariously liable for the intentional torts of an employee?
Canada (Federal), Canada
The following excerpt is from E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 SCR 45, 2005 SCC 60 (CanLII):
59 Abella J. — This appeal turns on the proper application of the “enterprise risk creation” test set out in Bazley v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534, and its progeny. As those cases stipulate, in order to find an employer vicariously liable for the intentional torts of an employee, a strong connection must be found between the enterprise, the authority conferred on the employee by the employer and the tort.
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