<Vicarious Liability in Tort>

If the defendant was in the course of his employment, when he struck the plaintiff’s vehicle, can the plaintiff also sue the defendant’s employer for Tort?

–> The defendant’s employer can be sued as it was vicariously liable for his employee’s wrongful actions.

However, under s. 277(1) of the Insurance Act, the court could rule the defendant (Tortfeasor)’s insurance be held solely responsible to pay the plaintiffs’ costs as the first loss insurer.

And, an employer has the right to claim against an employee for the damages it pays as the result of the wrongful acts of its employee so long as the employer was not contributorily negligent.