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Bazley v. Curry [1999] 2 SCR 534 a decision by the Supreme Court of Canada that had influenced English law in determining course of employment through the case of Lister v Hesley Hall. Famous for formulating the Close Connection test.

Facts:Edit

The facts of the case is almost identical to Lister, there was a care home for emotionally disturbed children, and one of the employees sexually abused the children.

Judgment:Edit

McLauchlin J held that so long as the wrong is closely connected to the employment then it can be said that the employers introduced the risk and thereby should be liable for it. Relevant factors include:

  • Opportunities offered by the employer to abuse power;
  • Extent to which the wrong doing would further the employer's aim;
  • Extent to which the wrong was related to the confrontation, intimacy inherent in the business'
  • Extent of power conferred upon the employee in relation to the victim;
  • Vulnerability of victim.

This approach was endorsed by the Supreme Court again in Jacobi v Griffith.

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