Ontario Barrister and Solicitor Practice Exam 2025 – The All-in-One Guide to Achieving Exam Success!

Vicarious liability is a legal principle in tort law that holds one party responsible for the tortious actions of another, based on the relationship between the two parties, typically that of employer and employee. The essence of this doctrine is that an employer may be held liable for the wrongful acts or omissions of its employees if those actions occur in the course of their employment.

In this context, both the employer and the employee can be sued. The rationale behind this is that the employer benefits from the activities of the employee and has a responsibility to ensure that employees perform their duties in a lawful manner. If an employee commits a tort while carrying out their job responsibilities, the employer can be held liable for those actions. This reflects the policy goal of protecting victims by providing them with a source of recovery, as employers are generally seen as having deeper pockets than individual employees.

While the employer may be primarily responsible, the employee can also be held personally liable for their own negligent or intentional acts, allowing the injured party multiple avenues for recourse. This joint liability underscores the importance of accountability at both levels within the employer-employee relationship.