Jasvinder Atwal v. Stephen Erb and Carl Noble Barn Painting Ltd

Ms. Atwal was injured in a car accident, and sued in Superior Court the driver of the car and the company that owned the car. A year and a half after issuing the lawsuit, it was discovered that the defendant driver of the car was working at the time of the accident. Almost six months later, the Court of Appeal confirmed that employers are vicariously liable for the actions of their employees during work, and are unprotected defendants under the Insurance Act.

This means compensation is available from them for certain categories of damages not usually available in car accidents. The insurer for the company tried to prevent our client from adding the allegation of vicarious liability to the claim. Geoffroy Pavillet successfully convinced the Court that the allegations were not a substantive or novel cause of action, and Justice Fragomeni allowed Ms. Atwal to make the changes.

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