Toronto condominium corporation was vicariously liable for superintendent's actions

Time Posted on November 12, 2010 at 01:28 PM User Kristen Bailey

Toronto condominium lawyers are taking note! A recent Toronto condominium case drives home the principle of vicarious liability of an employer for its employee's actions in the condominium context.

http://www.canlii.org/en/on/onsc/doc/2010/2010onsc3433/2010onsc3433.html

In this case, a superintendent forcibly removed a real estate agent from the lobby of a Toronto condominium, including dragging her over the threshold of the entrance, pinning her down and putting his hands around her neck.  The real estate agent sued the condominium corporation, the superintendent and the property management company for damages for physical injuries, pecuniary losses, and aggravated and punitive damages. In finding that the superintendent did not have the grounds on which to physically evict her from the lobby, the judge determined that the condominium corporation and the superintendent were jointly and severally liable and awarded general damages of $30,000, aggravated damages in the amount of $8,500, pecuniary damages in the amount of $10,000 in favour of the plaintiff.

Tag vicarious liability, superintendent, employee, real estate, physical injury, punitive damages, court decision

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