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ARTICLE · 14 SEPTEMBER 2018

Vicarious Liability For The Intentional Torts Of Workers

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It is not always clear when an organization will be liable for the intentional wrongs committed by its representatives.

CanadaEmployment and HR
Mark Josselyn
Mark Josselyn
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It is not always clear when an organization will be liable for the intentional wrongs committed by its representatives.

Earlier this year the Human Rights Tribunal of Ontario ("HRTO") found that a corporate respondent was liable for the violations of the Ontario Human Rights Code perpetrated upon the applicant by the personal respondent in the course of his employment, relying upon the analysis of the Supreme Court of Canada in Robichaud v. Canada (Treasury Board), 1987 CanLII 73 (SCC).

In A.B. v. Joe Singer Shoes, 2018 HRTO 107, the personal respondent was the "directing mind" of the corporate respondent which allowed the HRTO to impose equal liability upon the corporate respondent.

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