Responsibility Without Fault: Bazley V Curry

Canadian Bar Review, Vol. 29, 2000

21 Pages Posted: 17 Jul 2008

Abstract

Vicarious liability- an employer's liability for the torts of its employee-involves (in both definition and application) a balance between two fairnesses: fairness to the innocent third party who has suffered a loss, and fairness to the faultless employer who should not be unfairly burdened with liability for events wholly outside its control. The question of how to effect this balance is at the centre of the Supreme Court of Canada's decision in Bazley v Curry, which sets out guiding principles in the form of a two part test to bring both consistency and policy sensitive flexibility to this often difficult determination.

Keywords: vicarious liability, tort, canada, sexual abuse

Suggested Citation

Hall, Margaret Isabel, Responsibility Without Fault: Bazley V Curry. Canadian Bar Review, Vol. 29, 2000, Available at SSRN: https://ssrn.com/abstract=907669

Margaret Isabel Hall (Contact Author)

Simon Fraser University ( email )

8888 University Drive
Burnaby, British Columbia
Canada
236 863 0562 (Phone)

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