The plaintiff was seriously injured when her bicycle collided with a tow truck driven by an employee in the course of his employment.
The tow truck was owned by the employer.
The employer claimed 'protected defendant' status under s. 267.5 of the Insurance Act, which limits the liability of motor vehicle owners.
The Court of Appeal held that while the employer was protected in its capacity as the vehicle's owner, it was not protected from vicarious liability in its capacity as the driver's employer.
The appeal was dismissed.
