The respondent taxi driver was injured in a collision with a vehicle owned by the appellant and negligently driven by a garage employee during a test drive.
Both drivers were covered by the Workers' Compensation Act, which barred the respondent from suing the negligent driver.
The appellant owner argued that because her liability was purely vicarious, the driver's statutory immunity should also shield her from liability.
The Supreme Court of Canada dismissed the appeal, holding that the owner was not an employer under the Workers' Compensation Act and could not rely on its provisions to escape vicarious liability imposed by the Motor-vehicle Act.
