Keyword
vicarious liability
Borrowing cars and implied consent: When ‘No’ doesn’t mean ‘No.’
January 27, 2023 by David GambrillIf a friend asks you to borrow your rental car, sometimes saying ‘No’ doesn’t actually mean ‘No.’ An auto repair shop owner in Ontario was held vicariously liable last Wednesday for an auto accident injury caused after his friend, who…
Car owner vicariously liable for crash despite reporting her vehicle stolen
May 13, 2022 by David GambrillA car owner is vicariously liable for any damage or injury caused by the driver of their borrowed car, even if the owner places conditions on — or revokes — consent while the driver is still in possession of the…
How does directors’ and officers’ vicarious liability work with franchise corporations?
February 14, 2020 by Greg MeckbachIf your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large…
Your client texts a driver who crashes. Is your client liable?
April 23, 2018 by David GambrillLook for Canadian case law to impose secondary liability on texters who distract drivers with their email messages, akin to social host liability, a senior claims executive at Travelers predicts. “If I text someone while driving, and they get into…
Will current auto liability regime apply to driverless cars?
February 7, 2018 Greg Meckbach, Associate EditorInsurance and traffic laws probably need to change when motorists start sharing the road with driverless cars, a speaker told claims specialists Tuesday. There are now vehicles on the roads with limited self-driving capabilities (as opposed to having no steering…
Coffee burn case sees courts flip-flop on vicarious liability
January 24, 2018 Greg Meckbach, Associate EditorA recent Ontario court ruling against a coffee shop serves as a warning to defendants that individual employees can be named personally in personal injury lawsuits against corporations. “There is no general rule in Canada that an employee acting in…
Is a cab company vicariously liable if a sex assault is alleged?
January 19, 2018 by Greg MeckbachCanada’s top court has been asked to review a case involving the vicarious liability of a taxi company when a passenger sues the driver alleging sexual assault. In 2015, a woman filed a civil lawsuit against Kitchener-based United Taxi Limited…
Government of Newfoundland and Labrador finalizes terms of reference for auto insurance review
August 16, 2017 by Canadian UnderwriterThe provincial government announced on Tuesday that it has finalized the terms of reference for the automobile insurance review for Service NL and the provincial Board of Commissioners of Public Utilities (PUB). Government has directed PUB to begin its review…