Does the fact that a director, officer or employee was acting within the course of employment preclude a claim in negligence against the individual respondents personally?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan No. VIS3578 v. John A. Neilson Architects Inc., 2010 BCCA 329 (CanLII):
Similarly here, it is not plain and obvious that claims in negligence against the individual respondents personally would be excluded under the Said v. Butt exception to the general principle outlined in London Drugs. The fact that a director, officer or employee was acting within the course of employment and the corporation is vicariously liable for his negligence does not preclude a claim in negligence against the employee personally. However, in my view, the London Drugs principle requires that claim against the individual must be based on the breach of a duty of care that would support an action against the individual personally. The material facts that support that personal claim in tort must be specifically pleaded to establish a possible cause of action under R. 15(5)(a)(iii).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there an exception to the London Drugs principle where a director, officer or employee was acting within the course of employment and the corporation is vicariously liable for his negligence? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
Can a law firm representing the respondent in a personal injury action be restrained from acting for the respondent? (British Columbia, Canada)
Is there a dichotomy between a director, officer or employee of a corporation and an individual? (British Columbia, Canada)
