LSO Barrister Tort Law 2

Question 1

An employer's vicarious liability for a tort committed by an employee is most accurately described as:

Accepted Answer

Liability imposed on the employer for employee torts committed in the course of employment

Answer

Vicarious liability attaches to an employer for torts committed by an employee acting in the course of employment, regardless of whether the employer was personally at fault.

Question 2

In Bazley v Curry [1999] 2 SCR 534, the Supreme Court of Canada held that an employer is vicariously liable for an employee's intentional tort where:

Accepted Answer

There is a sufficiently strong connection between the enterprise risk created by the employer and the wrong done by the employee

Answer

In Bazley v Curry, the SCC held that vicarious liability for intentional torts requires a strong connection between the enterprise risk created or enhanced by the employer and the wrong committed by the employee.

Question 3

The rule in Rylands v Fletcher imposes strict liability where:

Accepted Answer

A person brings onto land a thing likely to do mischief if it escapes, makes a non-natural use of the land, and the thing escapes causing damage

Answer

Rylands v Fletcher imposes strict liability where a defendant makes a non-natural use of land by accumulating something likely to do mischief if it escapes, and that thing does escape and causes damage.

Question 4

Under the Ontario Limitations Act, 2002, what is the basic limitation period for most tort claims?

Accepted Answer

Two years from the date the claim was discovered

Answer

The Ontario Limitations Act, 2002, s. 4 establishes a basic limitation period of two years from the date the claim was discovered, replacing the old fixed-date regime.

Question 5

In the tort of deceit (fraudulent misrepresentation), which of the following is NOT a required element?

Accepted Answer

The plaintiff's reliance was objectively reasonable

Answer

Deceit does not require that the plaintiff's reliance be objectively reasonable; it is sufficient that the plaintiff actually relied on the false statement, as long as reliance was intended by the defendant.

Ontario Bar Barrister Practice Test

Ontario Bar Barrister Practice Test

LSO Barrister Tort Law 2