Ontario Barrister and Solicitor Practice Exam 2025 - Free Barrister and Solicitor Practice Questions and Study Guide

The concept of vicarious liability holds an employer legally responsible for the actions of an employee performed within the scope of their employment. This means that if an employee causes harm or damages due to negligence while carrying out their job duties, the employer can be held liable for those actions. This principle is grounded in the idea that employers benefit from their employees' work and should bear the cost of those risks associated with it.

In the context of negligence, if an employee fails to meet the standard of care expected in their role, leading to someone else's injury or damage to property, the employer can be implicated for failing to adequately supervise or train the employee. The employer's liability arises because the negligent act is performed as part of the employee's responsibilities at work.

The other situations generally do not fall under vicarious liability. If an employee commits a crime during work hours, the employer may not be responsible unless the crime is closely related to the employee's duties. Acts outside the scope of employment usually do not result in employer liability, as the principle of vicarious liability requires the act to be connected to the employee’s work. Voluntary attendance at work-related events may involve different liability considerations, often relating more to personal conduct rather than employer oversight.