The appellant employer appealed an order holding that it was not relieved from liability under the no-fault provisions of the Insurance Act after its employee, driving a leased vehicle in the course of employment, was involved in a motor vehicle accident.
The Court of Appeal held that an employer is not a person 'present at the incident' under s. 267.1(1) merely because its employee was involved.
However, the employer qualified as an 'other person' under s. 267.1(7), with the result that it was protected from vicarious liability for pecuniary loss caused by the employee and remained liable only for pecuniary loss arising from its own independent negligence.
The appeal was allowed and the order below was set aside.
