The applicant sought judicial review of a Grievance Settlement Board decision dismissing a grievance that sought to hold the employer vicariously liable for a fellow employee's tort of intrusion upon seclusion.
The fellow employee had used the employer's equipment to access the grievor's Employment Insurance records.
The Divisional Court held that the applicable standard of review was reasonableness.
Applying the principles from Bazley v Curry, the court found the Tribunal's conclusion that the wrongful act was not sufficiently related to conduct authorized by the employer to be reasonable.
The application for judicial review was dismissed.
