Can the City of Vancouver be vicariously liable when a police officer in its employ commits a sexual assault while on duty?

The City cites authorities from other jurisdictions in arguing that it should not be held vicariously liable when a police officer in its employ commits a sexual assault while on duty. Those decisions, however, do not support the City's position in this case. In one case cited by the City (Lyon v. Carey (D.C.Cir.1976) 533 F.2d 649) the court upheld a verdict finding an employer liable under the doctrine of respondeat superior. In that case, a delivery man brought a mattress to the plaintiff's home and, following a dispute over the manner of payment for the delivery, physically and sexually assaulted her. Concluding that the jury could have reasonably found that the delivery man's tortious conduct arose out of the delivery dispute, the federal appellate court upheld the jury's verdict imposing liability on the man's employer. (Id. at p. 655.)