Vicarious Liability

Persaud v. Bratanov and Unifund Assurance Co., 2012 ONSC 5232 (CanLII)

[22] I have no hesitation in concluding that the question of whether or not Ms. Bratanov is vicariously liable for the plaintiffs’ damages under s. 192(2) of the Highway Traffic Act meets the “full appreciation” test from the Combined Air Mechanical decision. I have no doubt that the necessary “full appreciation of the evidence and issues” that is required in order to make a dispositive finding in relation to this liability issue can be fairly and justly achieved by way of this summary judgment motion, without the need for a full trial.

[23] There are, essentially, four components of vicarious liability under s. 192(2) of the Highway Traffic Act which must be established by a plaintiff, namely: (1) that the defendant was the owner of the vehicle; (2) that the negligent operation of the vehicle by the driver caused the plaintiff’s damages; (3) that the incident took place on a “highway;” and (4) that the driver was operating the vehicle with the consent of the owner. See: Ladouceur v. Zimmerman, [2009] O.J. No. 4777 (S.C.J.) at para. 21.