At a time when employers are increasingly aware of their
responsibility to prevent workplace discrimination and harassment,
a recent decision out of Alberta (Hay v Platinum Equities
Inc 2012 ABQB 204 (CanLII)) serves as a reminder to
employers to think about vicarious liability for intentional torts
committed by employees.
In this case, the Court held that a commercial
real estate corporation, Platinum Equities Inc., was vicariously
liable for the tort of 'appropriation of personality' when
one of its employees forged a Review Engagement Report (RER) by
cutting and pasting from a previous report prepared by a chartered
accountant. The employer needed to secure financing quickly to
purchase a commercial property. The CEO approached the employee
about the RER and a turn around time of two days, though the
RER's typically took weeks to complete. In finding Platinum
vicariously liable, the Court emphasized that the employee's
tortious conduct was 'sufficiently related"
