Can an employer be vicariously liable for an employee’s actions?
Alberta, Canada
The following excerpt is from Guay v. Wong, 2008 ABQB 638 (CanLII):
Bazley v. Curry explained the rationale for vicarious liability of employers for acts of their employees. When an employer puts an enterprise into the community, and the risks inherent to that enterprise cause injury, it is “fair” that the creator of the enterprise bears the risk of loss ( at 554). However, vicarious liability should not be imposed where the employer’s enterprise does not “significantly contribut[e]” to the risk of the employee’s wrong (at 558-59). An employer does not incur strict liability simply by providing the “time and place” for the wrong (at 559).
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