vicarious liability

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We thank Glenn Gibson, John Pirie & Michael Nowina for this post.

In an unreported judgment Pallotta v. Cengarle, Court file CV-16-56337 released on February 27, 2020, Faieta J. found real estate lawyer Licio Cengarle vicariously liable for his clerk’s mortgage fraud scheme as well as for breach of trust. This case is a cautionary tale for professionals and employers about the need for internal controls.
Continue Reading Ignorance of Fraud is No Defence: Employer Vicariously Liable for Rogue Employee

In Evans v Bank of Nova Scotia, an employee of the Bank of Nova Scotia (“Bank”), Richard Wilson, provided highly confidential information about the Bank’s customers to his girlfriend, who disseminated the information to third parties for fraudulent purposes.  On June 6, 2014, the Ontario Superior Court of Justice certified a class action brought on behalf of the affected customers, alleging that they were victims of identity theft and fraud as a result of the intrusion upon seclusion.

This is the province’s first-ever class action involving the new tort of “intrusion upon seclusion”, which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy, without legal justification, in a manner that is highly offensive to the reasonable person.
Continue Reading “Intrusion Upon Seclusion” Class Action Certified in Ontario