What is the test for striking out an action as against individual defendants?
British Columbia, Canada
The following excerpt is from Daley v. B.C. (Ministry of Health) and others, 2006 BCHRT 341 (CanLII):
The Government Respondents rely on Morriss v. HMTQ et al, 2001 BCSC 281. In that case, Master Groves, as he then was, struck out an action as against the individually named defendants. In coming to that conclusion, Master Groves reviewed a number of private law cases in which actions had failed as against individual defendants, and drew the following proposition from them: It is fair to say that these cases read together accept the principle that an officer or employee, acting within the course of the employment, within the authority given to them by their employer, will not be exposed to personal liability unless these actions give rise to a cause of action in tort, or their actions take on such a separate identity from that of their employer so as to make their actions their own. (at para. 11)
"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
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
How have libel defendants been required to provide details of individual instances, occasions or individuals in a libel action? (British Columbia, Canada)
Can multiple defendants in a single action make individual offers to settle under Rule 37? (British Columbia, Canada)
What is the gap between a defendant and his co-defendant in a civil action? (British Columbia, Canada)
Does a defendant in a civil action have a right to stay the action pending the disposition of the criminal proceedings? (British Columbia, Canada)
Can an individual who acts as an agent of a corporate defendant assert a privilege against self-incrimination when asked to produce documents in a personal injury action? (British Columbia, Canada)
In a personal injury action, in what circumstances will the individual defendant be found liable for negligence? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
What is the test for a defendant who decides not to defend an action? (British Columbia, Canada)
