What factors will determine whether an employer is vicariously liable for sexual assault?
Saskatchewan, Canada
The following excerpt is from L. (H.) v. Canada (Attorney General), 2001 SKQB 233 (CanLII):
While my conclusion is dispositive of the issue of vicarious liability based on the ratio of Bazley v. Curry, I also have applied the analytical approach prescribed therein for determining whether vicarious liability should be imposed, including (i) the opportunity factor, (ii) furtherance of an employer's aims, (iii) inherent intimacy, (iv) power confirmed on the employee and (v) vulnerability of the victim. Discussion of these factors necessitates a review of some the evidence previously discussed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a person is liable for sexual assault? (Saskatchewan, Canada)
Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What factors must be considered in determining if delay has violated the human rights of a person accused of sexual assault? (Saskatchewan, Canada)
What is the test for determining whether a person can be held liable for damages caused by a cat in an enclosure? (Saskatchewan, Canada)
What is the test for determining whether Petro Tag is a contributory factor in a Co-op’s loss of income? (Saskatchewan, Canada)
What are the relevant factors that a court will consider in determining whether or not to exercise jurisdiction? (Saskatchewan, Canada)
Is a non-profit organization vicariously liable for the sexual abuse of a child in its care? (Saskatchewan, Canada)
What are the relevant factors used by a judge to determine whether or not a child has been removed from the custody of his mother? (Saskatchewan, Canada)
What is the test for determining whether a carrier is liable for delay and/or breach of contract for delay in delivering goods to a miller? (Saskatchewan, Canada)
