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Bazley v Curry, [1999] 2 SCR 534 is a Supreme Court of Canada decision on the topic of vicarious liability where the Court held that a non-profit organization may be held vicariously liable in tort law for sexual misconduct by one of its employees. The decision has widely influenced jurisprudence on vicarious liability outside of Canada. [2]
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
A licence is issued by Transport Canada in accordance with International Civil Aviation Organization (ICAO) licence Standards And Recommended Practices (SARPs). A licence can be used to fly domestically as well as internationally, while a permit does not comply with ICAO standards and therefore can only be used within Canada, unless accepted by another country. [4]
Canadian Owners and Pilots Association, 2010 SCC 39, [2010] 2 SCR 536, also referred to as Quebec v. COPA , is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law.
In Morris v Murray (1990) 3 AER 801 the claimant helped an obviously drunken pilot get into a small aeroplane, which crashed as it attempted to take off. This was a classic case for volenti to apply. The court held that the claimant must have known the condition of the pilot and voluntarily took the risk of negligence by agreeing to be a passenger.
Strict liability is imposed upon the manufacturers of moveable things (i.e. product liability) by article 1468 for injuries caused by safety defects. [ 25 ] [ d ] An individual is exempt from civil liability in cases of force majeure (article 1470), [ 27 ] harm caused in the process of assisting or rescuing another (article 1471), [ 28 ] and in ...
Vicarious liability: None: McLachlin CJ and Major, Bastarache, LeBel, Deschamps, Fish and Charron JJ: Montréal (City of) v 2952-1366 Québec Inc [2005] 3 SCR 141; 2005 SCC 62 : Freedom of expression; public property: None: None: Mikisew Cree First Nation v Canada (Minister of Canadian Heritage) [2005] 3 SCR 388; 2005 SCC 69
The general rule in criminal law is that there is no vicarious liability. This reflects the general principle that crime is composed of both an actus reus (the Latin tag for "guilty act") and a mens rea (the Latin tag for "guilty mind") and that a person should only be convicted if they are directly responsible for causing both elements to occur at the same time (see concurrence).