Sentences with phrase «vicarious liability where»

The court explained «to permit vicarious liability where there is no direct liability would be to accomplish indirectly that which could not be accomplished [directly].»

Not exact matches

The MoJ appealed to the Supreme Court who rejected the appeal and upheld the principle that in non-employment relationships where the wrongdoer is integrated into the defendant's operation and the defendant has created the risk of wrongdoing by assigning responsibility to the wrongdoer, vicarious liability will likely follow.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

Langstaff is one of only a very few reported Canadian decisions in which a day school (as opposed to a residential school at which students sleep over, where there is much precedent for vicarious liability) has been held indirectly or vicariously responsible for the harms flowing from the sexual misconduct of a staff member against a student.

Facing many compensation claims by victims of child abuse, the Catholic Church initially sought to challenge the scope of vicarious liability, arguing (for example) that it could not be liable for sexual abuse committed by a priest where the victim was not a Catholic and therefore (it argued) there was not a sufficiently close connection between the individual priest's wrongful acts and his priestly status (see Maga v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256).

Overall the «direction of travel» in cases involving vicarious liability in the past decade has been in favour of claimants — cases such as Lister, Maga, and JGE have developed vicarious liability remedies for claimants in circumstances where they would previously have been without a remedy.

This ruling may seem narrow, in that the Tribunal would only retain an individual respondent where there is a possibility that liability may fall outside of the vicarious liability provision in section 46.3 of the Code.

A similar exemption applies for those persons liable under the extended liability (s. 52) and vicarious liability (s. 53) provisions in CASL, in cases where the corporation, employee or agent, as the case may be, who committed the contravention has entered into an undertaking or been served with a notice of violation.

241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency; broker is obligated to supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and salesperson each to pay $ 250 fine

189 DOS 99 Matter of DOS v. Naftal - listing agreements; deposits; unauthorized practice of law; vicarious liability; amendment of pleading to conform to the proof; improperly altering listing agreement without the consent or knowledge of principal to show the potential commission split with buyer's broker to meet MLS requirements; preparing and submitting fraudulent MLS change notifications purporting to extend and alter listings; deposit of escrow funds into operating account; preparation of lease constitutes the unauthorized practice of law; pleadings may be amended to conform to the proof and encompass a charge not stated in the complaint where the issue has been fully litigated by the parties and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; continuing to offer properties for sale after preparation of forged listing extensions violates 19 NYCRR 175.10; DOS fails to establish violation of 19 NYCRR 175.12 for failure to provide copy of listing extension where extension was not authorized by principal; DOS fails to demonstrate demand for unearned commission where broker may have believed they were entitled to a commission; broker's licenses suspended for one year and thereafter until such time as restitution in the amounts of $ 5,000.00 and $ 2,055.40 is made

103 DOS 95 Matter of DOS v. Lana - fiduciary duty; vicarious liability; dual agency; breach of fiduciary duty where seller's agent advised buyer can purchase property for less than asking price; broker not liable without actual knowledge of misconduct or after notice retains proceeds therefrom; mutually dependent transaction did not arise creating improper double agency; amend pleadings to conform to proof; two month suspension results