Told an Employee Not to Drive Company Car? You Still May be Liable.

By Fasken Martineau
It is well understood that employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of their duties. However, the Alberta Court of Appeal came to a more unorthodox conclusion when it decided that an employer was liable for an employee's bad behaviour (PDF) despite that the employee's behaviour was directly contrary to express instructions. In Mustafi v. All-Pitch Roofing Ltd., a roofing company was on the hook for the negligence of an employee who drove a company truck, in spite of explicit direction not to do so. Read more...