Facts

• Curry was an employee at a residential children’s home.
• He had a range of duties including bathing and putting the children to bed.
• Curry sexually assaulted children who resided at that residence.
• Curry died before proceedings could be commenced against him.
• Bazley, a victim of Curry’s, attempted to recover from Curry’s employer vicariously.

Issue

• Could the workplace be held accountable for Curry’s criminal behavior?

Held

• Yes, because the responsibilities given to Curry so greatly enhanced the risk
• Held the Salmond test applied, in relation to: “(1) acts authorized by the employer or (2) acts which are not authorized by the employer, but are so connected to authorized acts that they may be considered “modes” of acts authorized by the employer.”

-- Download Bazley v Curry [1999] 2 SCR 534 as PDF --

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