A third party moved for summary judgment dismissing a third party claim for contribution and indemnity arising from an oil tank fuel leak at a residential property.
The claim alleged the third party was vicariously liable for the negligent installation of the tank by an employee.
The court held that the uncontroverted evidence established the employee installed the tank independently as a personal favour outside working hours and contrary to the employer’s policies.
Because the plaintiff dealt with the employee in a personal capacity and the employer’s enterprise did not contribute to the risk, vicarious liability could not arise.
Summary judgment was granted and the third party claim dismissed.
