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

The association of vicarious liability with ordinary negligence stems from the principle that an employer can be held liable for the negligent actions of an employee carried out in the course of their employment. Ordinary negligence refers to a failure to exercise the care that a reasonably prudent person would under similar circumstances. This standard typically applies to most day-to-day activities and interactions, making it the most common form of negligence in the context of vicarious liability scenarios.

In the case of vicarious liability, if an employee, while performing their job duties, acts negligently and causes harm to a third party, the employer can be held responsible for that negligent conduct. This principle exists to ensure that victims have recourse for damages against the party (the employer) that has a greater ability to bear the financial responsibility arising from the employee's actions.

Gross negligence, on the other hand, involves a severe degree of negligence demonstrating reckless disregard or a significant omission of care, which does not generally align with standard vicarious liability claims. Criminal negligence pertains to conduct that exhibits a disregard for the safety of others and is criminal in nature, thus not typically associated with the employer-employee relationship in a civil context. Comparative negligence involves the allocation of blame among parties in a negligence claim