Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

For an employer to be held vicariously liable, it must be proven that the employee was acting within the scope of their employment. This means that the actions taken by the employee were part of their job duties or were conducted while they were engaged in tasks that further the employer's interests. Vicarious liability is based on the principle that employers are responsible for the actions of their employees when those actions occur in the context of their work responsibilities.

In most circumstances, if an employee commits an act during the course of their employment, the employer can be held liable for any resulting harm. The rationale behind this is that employers have control over their employees and can implement policies, training, and oversight to prevent negligent behavior.

In contrast, if the employee's actions were outside the scope of their employment—such as engaging in personal activities unrelated to their job—vicarious liability would not apply. Therefore, the focus is on the relationship between the employer and the employee and whether the wrongful act was performed in the course of the employee's work duties, leading to the conclusion that it is the employer who bears responsibility in such cases.