<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, … Read More
<How does Pierringer Agreement apply in the context of civil action?> –>When the plaintiff enters into a settlement agreement with some of the defendants resolving his claim, it releases those defendants from liability to the plaintiff. Pierringer Agreements allow the removal of a settling Defendant from an action and the plaintiff can continue to proceed … Read More
S. 267.5 (5) of the Insurance Act protects the defendants from their liability for the plaintiff’s pain and suffering in the motor vehicle Tort action. In order for the plaintiff to be entitled to recover his general damages for his pain and suffering, he must satisfy the court that he has sustained “permanent serious impairment … Read More
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