What is the test for determining whether an employer can sue an employee for damages for personal injury caused to the employer's vehicle?
British Columbia, Canada
The following excerpt is from Ferreira v. Richmond (City), 2007 BCCA 131 (CanLII):
The individual appellants begin by noting that in Weber the court was concerned with a claim that asserted trespass, nuisance, deceit and invasion of privacy on the part of the employer. In the companion case of New Brunswick v. O’Leary, 1995 CanLII 109 (SCC), [1995] 2 S.C.R. 967, the issue of jurisdiction arose over an employer suing for damages caused by the employee to the employer’s vehicle. In both cases, there was no explicit provision in the collective agreement dealing with employee negligence or employer invasion of privacy, yet the court held that both disputes ought to be dealt with under the collective agreement.
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