Ontario Barrister and Solicitor Practice Exam

Vicarious liability is fundamentally rooted in the employer’s right to control employee actions. This principle holds that an employer can be held liable for the negligent or wrongful acts of employees when those acts occur in the course of their employment. The rationale behind this is that employees are acting on behalf of their employer, and the employer has the supervisory authority and control over the actions of the employee during work hours.

This principle acknowledges that the risk associated with employees' actions while performing their job duties is a risk that the employer should bear, particularly because it is the employer who benefits from the employee’s activities. If employees are performing tasks that fall within their job responsibilities and in the scope of their employment, the employer is deemed responsible for any resulting harm or misconduct.

In contrast, other notions, such as individual accountability, while important, do not specifically explain the transfer of liability from the individual to the employer in the context of employment. The duty to ensure safe working conditions, while vital for worker safety, pertains more to direct responsibilities rather than vicarious liability. Lastly, shared liability among business partners relates to different legal doctrines and does not apply to the employer-employee relationship governed by vicarious liability.