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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]
Liability for one's own actions is governed by articles 1240 and 1241, [88] while other provisions of the code provide for vicarious and other sui generis forms of liability. In addition, liability in specific cases (e.g. product liability and defamation ) have been provided for in separate statutes outside the code and in European Union ...
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.
As a result, some United pilots now earn 92% more than their counterparts at Air Canada, data from the pilots' association shows. In 2013, the pay gap was just 3%. The government wouldn't intervene
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).
As to the second, he felt that the vicarious liability regime is best seen as a response to a number of policy concerns: It is not merely a mechanism by which the employer guarantees the employee's primary liability, but has the broader function of transferring to the enterprise itself the risks created by the activity performed by its agents.