The plaintiffs were injured in a motor vehicle accident caused by an intoxicated off-duty employee of the defendant employer.
The employee had consumed alcohol before, during, and after his shift, but the employer was unaware of his intoxication on the night in question.
The plaintiffs argued the employer owed them a duty of care because the employee was enrolled in an Employee Assistance Program for alcoholism.
The Court of Appeal held that the employer did not owe a duty of care to the plaintiffs, as the duty to provide a safe workplace does not extend to protecting the public from an employee's off-duty conduct.
The court also held that non-protected defendants are entitled to deduct collateral benefits from damage awards under section 267(1) of the Insurance Act.
