TORONTO — The Ontario Court of Appeal has ruled that both employers and employees can be named as defendants in employee negligence cases, reports The Toronto Star.
The ruling was made in regard to an employee negligence suit against Starbucks in which a Brampton, Ont. teen, Abigail Sataur, alleges that a Starbucks employee negligently poured scalding hot water on her hands. Due to the recent ruling, Sataur can proceed with her lawsuit against the company, the store manager and the barista involved.
Last year, a judge ruled that naming the manager and barista in the suit was an abuse of process, stating that the general rule was that employees were not liable for “what they do within the scope of their authority and on behalf of heir corporation.”
The Court of Appeal’s three-judge panel disagreed, clarifying that a person who is injured as a result of employee negligence is entitled to sue both an employee and employer.
Sataur, is seeking $1 million in general and special damages and legal costs.
