In two related motor vehicle actions, the plaintiffs sought partial summary judgment declaring the employer vicariously liable for injuries caused by its employee while he was driving from Ottawa to a distant construction site.
The court held the liability issue was properly bifurcated from the damages trial and could be determined summarily under rr. 20.01 and 20.04.
Applying the Salmond framework, the court found the employee's travel was part of his work, was authorized by the employer, and remained within the course of employment despite an attempted brief stop for coffee and to stretch.
In the alternative, the court held any unauthorized aspect of the stop was sufficiently connected to the authorized travel and justified vicarious liability on the policies of fairness and deterrence.
The plaintiffs' motions were granted and the employer's cross-motions were dismissed.
