What is vicarious liability for an individual who was involved in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Kassian v. The Attorney General of Canada, 2014 ONSC 844 (CanLII):
The decision Bazley v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534, confirms that vicarious liability may be imposed where the party in question did not personally engage in any tortious conduct but where the risks inherent in his or her enterprise materialize and cause harm, provided that liability is both fair and useful. The imposition of liability will often achieve the policy goal of deterrence because the person upon whom liability is imposed is in a position to effect change to reduce risk.
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