Share on LinkedInShare on LinkedIn

ARTICLE · 04 APRIL 2019

Thinly Veiled – Will Incorporating Protect You From Personal Liability?

This issue has been the subject of law school and judicial debate for some time.

CanadaCorporate/Commercial Law

Can an individual be held personally liable for torts committed in his or her capacity as an employee of a corporation?

This issue has been the subject of law school and judicial debate for some time. Last week, the Alberta Court of Appeal endeavoured to offer some clarity in Hall v Stewart.

Background

The defendant, Doug Stewart, was a director and employee of DWS Construction Ltd. DWS was working on a new home construction in which Stewart installed a temporary staircase.

The plaintiffs, who were employees of a different company working on the home, were on the temporary staircase when it collapsed. They suffered injuries that were covered by the Workers' Compensation Board, and the board then sued Stewart as an individual to get its money back (which is something known as "subrogation").

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

About Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.

Law around the world
nortonrosefulbright.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from