What is the test for vicarious liability in sexual assault cases?

Ontario, Canada


The following excerpt is from Evans v. Sproule, 2008 CanLII 58428 (ON SC):

The seminal case in this area of law, Bazley v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534 (S.C.C.) established the test for vicarious liability in cases of sexual assault. In Bazley, the employer operated a residential care facility for troubled children, and an employee abused a young child in his care. The case raised the question of whether the organization that employed the offender should be held liable for the wrong, though there was an absence of any fault on the part of the employer.

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