B.C. landlord not liable for sex assault

Merely giving the worker the time and place to commit the assault doesn’t put the employer on the hook for damages, says B.C. Court of Appeal
|Canadian Employment Law Today

In refusing to hold a landlord liable for a sexual assault by one of his employees on a tenant, the British Columbia Court of Appeal said it was treading carefully.

That’s because if it had ruled the employer was liable for the worker’s actions in this case, “we would be dangerously close to imposing absolute liability on employers” for the actions of their employees, it said.

The case stemmed from a sexual assault that took place in 2001. Ron Miki, the landlord’s cousin, was hired to do some maintenance work on the victim’s apartment in the month of September. He repeatedly grabbed at and attempted to kiss her. He made sexually suggestive comments to her and members of her family.