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With Reference to the Court

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             Bazley v Curry (1999) (1999) 174 DLR (4th) 45; Jacobi v Griffiths (1999) 174 DLR (4th) 71 are two important cases that have been decided in the Canadian Supreme Court and dealt with the sexual abuse of children. The main focus in these cases was the relation of "close connection", the court argued that even if the employer is not "at fault" it is possible to consider it "fair" to hold him liable for the tortuous behaviour of his employer. Peter Cane described these decisions as: "a genuine advance on the unauthorised conduct/unauthorised mode distinction" . .
             In the case of Lloyd v Grace, Smith & Co a firm of solicitor where found liable for the dishonesty of their manager clerk who convinced a client to transfer property to him and then used it for his own advantage. Vicarious liability was not necessarily defeated because the employee acted for his own good. In addition to that the connection between the tort of employee and the nature of employment became necessary. The employers should make sure that their employee is not acting for his own benefit.
             In Morris v C W Martin & Sons Ltd [1966] 1 QB 716 a women's fur was stolen by the employment after she sent it for cleaning. According to Salmond, the employer was in charge of cleaning the fur and he converted it during the course of his work. Diplock considers that the defendants took the fur as part of their job and accepted to clean it. Thus they are also responsible of a tortuous act arising from their employee. .
             The employers were found vicariously liable.
             The same principle applies in the case Lister v Hesley Hall [2001], the children where sexually abused during his work and the defandant chose Mr Grain to do the job they are paid for.
             In trotman v north Yorkshire council [1999] LGR 584, a deputy headmaster of a special school, charged with the responsibility of caring for a handicapped boy in a trip holiday, shared a room with him and sexually assaulted him.


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