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ARTICLE · 19 MAY 2023

Ruling Suggests Employers May Be At Greater Risk Of Vicarious Liability

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Workplaces that condone employees' bad behaviour may be at greater risk of vicarious liability in light of a recent decision from the Supreme Court of British Columbia.

CanadaPrivacy
Kristél Kriel
Kristél Kriel
Paul Jeronimo
Paul Jeronimo
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Workplaces that condone employees' bad behaviour may be at greater risk of vicarious liability in light of a recent decision from the Supreme Court of British Columbia.

The Court recently certified a proposed class action seeking to hold a grocery store in Saanich, B.C., vicariously liable for the actions of an employee. In 2016, the store's former assistant manager (the "Assistant Manager") pleaded guilty to several criminal offences related to surreptitiously taking photographs of up to 13 female employees, including both plaintiffs, while the employees were undressed in the washroom and staff room. The Assistant Manager uploaded those photographs to pornographic websites.

"Structural elements" in the workplace and vicarious liability

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