Ace the Ontario Barrister and Solicitor Exam 2026 – Unleash Your Legal Superpowers!

In the context of vicarious liability, the correct answer centers around the relevance of the factors involved in establishing whether an employer is liable for the actions of their employee. The concept of vicarious liability primarily hinges on the nature of the employment relationship and the actions performed by the employee in the course of their employment.

The duration of employment is the least relevant factor because vicarious liability does not typically depend on how long an employee has been employed. Instead, it focuses on whether the employee was acting within the scope of their employment at the time of the wrongful act. A short-term employee can still be acting under the principles of vicarious liability if their actions, harming a third party, relate closely to their job functions.

Other factors, such as the intent of the employee’s actions and the type of employment relationship, are much more critical in evaluating vicarious liability, as they directly relate to the nature of the employee's duties and whether the actions leading to harm are connected to their job. The potential harm caused to third parties also plays a significant role in assessing liability, as it underscores the employer's responsibility to ensure that their employees operate safely and competently while performing work-related tasks.