Sentences with phrase «alleging vicarious liability»
In addition to alleging vicarious liability on the basis of respondeat superior, plaintiff is also alleging premises liability.
https://www.southfloridainjurylawyersblog.com/ Not exact matches
The claim was brought against the Claimant's employer (even though it was an individual that was alleged to have been the harasser) on the basis that they were responsible for her actions (known as «vicarious liability»).
In Louis Vuitton Malletier S.A. v Zekria Wakilzada, 2017 ONSC 2409, the Ontario Superior Court of Justice allowed Louis Vuitton to continue their action against a Toronto - area flea market in a novel claim alleging that the landlord was liable in negligence, contributory IP infringement and vicarious liability, because of the sale of counterfeit Louis Vuitton merchandise by flea market vendors.
The judge referred to the governing legal test for determining if an employer is vicariously liable for employee sexual misconduct, and concluded that because the alleged abuse was said to have occurred while the teacher was simply carrying out his ordinary duties as a teacher, without taking advantage of any specialized opportunities afforded to him by virtue of his employment, no vicarious liability would have attached to the school board even if the alleged sexual misconduct had been proven.
He made no claim against the departmental manager herself, and his claim was based exclusively on the trust's vicarious liability for his manager's alleged breach of the statutory prohibition of harassment.
... There is an organization respondent (the Regional Municipality of Halton) in the proceeding that is alleged to be liable for the same alleged conduct as them, no issue has been raised to the organization respondent's deemed or vicarious liability for their alleged conduct, there is no issue as to the ability of the organization respondent to respond to or remedy any infringements of the Code, and no real prejudice would be caused to the applicant or any other party as a result of removing them as respondents to the Application.
The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed's treating physicians.
While allowing the vicarious liability claim to proceed, the Court held that the plaintiff could not found a claim on an alleged breach of the safeguarding provision in British Columbia's public sector privacy act.