Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: breach of fiduciary duty

Ivic. v. Lakovic: vicarious liability is no short-cut to compensation

Posted in Case Comments, Criminal, Employment Law

On June 2, 2017, the Ontario Court of Appeal decided, in what it described as a case of first impression, that a taxi company was not vicariously liable for a sexual assault allegedly committed by one of its employees, absent any evidence of fault on its part.

Following the Court’s review and affirmation of the leading jurisprudence on vicarious liability, it is doubtful that any car passenger service company could be found liable for the independent and wrongful criminal conduct of its drivers.

Background

The Appellant was intoxicated and feeling unwell while at a party. The Appellant’s friend ordered … Continue Reading

Ontario Divisional Court to Consider Students’ Ability to Sue Schools on a Several Basis

Posted in Case Previews, Class Actions, Procedure

The Ontario Divisional Court recently granted leave to appeal in Johnston v. Sheila Morrison Schools, a certified class action involving allegations of negligence and breach of fiduciary duty against a school and its headmaster. The primary issue on appeal is whether students may make claims against schools on a several basis and thereby avoid exposing their parents to counterclaims or third-party claims.

The certification order provided for three classes of plaintiffs: (i) residential students, (ii) day students, and (iii) family members of residential students. A statement of defence was filed prior to certification. Following certification, the defendants sought to … Continue Reading