Skip to Content

Vicarious Liability

Exec not acting in employment-related capacity when he massaged employee's neck; civil claim can proceed

Jurisdiction: - Ontario

In Decision No. 727/13, 2014 ONWSIAT 1128, the Ontario Workplace Safety and Insurance Board Appeals Tribunal ("WSIB) ruled that an executive was not acting in an employment-related capacity when he massaged an employee's neck. As such, the employee's right to sue the executive was not removed by the Ontario Workplace Safety and Insurance Act and her civil claim against the executive could proceed.

The case summary provides a follows:

The plaintiff brought an action against her employer and an executive officer of the employer. The defendants applied to determine whether the plaintiff's right of action was taken away.  read more »