What is vicarious liability for an independent contractor?

British Columbia, Canada


The following excerpt is from Brown v. Mohawk Property Corp., 1998 CanLII 3896 (BC SC):

As a general principle, the defendants are correct in stating that vicarious liability is not normally imposed on a principal for the negligent acts of its independent contractor. However, there have been recent developments of the law in this area, particularly with respect to public bodies. Some of the recent cases articulate a "policy reason" for imposing vicarious liability in certain circumstances. A most recent example in the public law field is Lewis v. Her Majesty the Queen in Right of the Province of British Columbia, 1997 CanLII 304 (SCC), [1997] 3 S.C.R. 1145. Whether such principles can or should be extended to private companies such as the defendants is unclear at this time.

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