The respondents were injured in a motor vehicle accident caused by an employee of the appellant who was driving his personal vehicle to a remote job site.
The employee had taken a short detour for coffee when the collision occurred.
The motion judge granted summary judgment finding the employer vicariously liable under the first branch of the Salmond test, as the travel and detour were authorized acts within the course of employment.
The Court of Appeal dismissed the employer's appeal, upholding the finding that the employee was authorized to drive to the job site and take a short break, making the employer vicariously liable.
