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
The following excerpt is from Foresters Life Insurance Company v Bingham Group Services Corp., 2019 BCSC 556 (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. …
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