May 2018 Charity & NFP Law Update
On June 2, 2017 (and as reported in the Ontario Reports on April 6, 2018) the Court of Appeal for Ontario released its decision in Ivic v Lakovic (“Ivic”). This significant decision reviews the principles of vicarious liability of employers for wrongful acts of their employees, which were considered in the leading 1999 SCC decision in Bazley v Curry. In Ivic, the appellant was a customer seeking damages against a taxi company for the alleged sexual assault perpetrated by one of its employee drivers. The court upheld the decision of the motion judge, which dismissed the claim against the taxi company. This case provides a current perspective on the factors that courts will consider when imposing vicarious liability on employers, including charities and not-for-profits, for intentional wrongs committed by their employees.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 423.