Is an employer liable for general and special damages in a tort action brought against them by an employer based on vicarious liability?
Manitoba, Canada
The following excerpt is from Tymkin v. Ewatski et al., 2007 MBQB 99 (CanLII):
Fourthly, the employer, or other person against whom a claim is made based on vicarious liability, is liable for the general and special damages awarded against the employee but not for the punitive damages which may be awarded, unless the employer is guilty of malicious, oppressive, and high-handed conduct of his own. See Blackwater v. Plint, 2005 SCC 58, S.C.J. No. 59 ( para. 91).
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