Question
Barry Buckley is a street car operated for the TTC, and operates the route along Queen Street, the longest streetcar route operating in Canada, and
Barry Buckley is a street car operated for the TTC, and operates the route along Queen Street, the longest streetcar route operating in Canada, and one of the longest streetcar routes in the world. He has been driving this streetcar for 5 years now.
Unfortunately in 2022 Barry has a mental break, and is diagnosed with schizophrenia. He does not share this diagnosis with his employer, and he rejects the diagnosis himself, believing it to be a conspiracy against him to stop him from driving his streetcar (this is one of the features of his mental health issues).
Barry has a fascination with self-driving cars, and starts to believe that his streetcar is automated and self-driving. One day this results in a massive car accident, when he fails to stop in time at a red light. When questioned by his employer, he insists that the fault is with the self-driving mechanism on his streetcar. It is only at this time that his employer realizes that Barry has a delusion as it relates to his work, and they encourage him to seek the proper medical attention.
Would Barry's actions result in a conclusion that he has breached the standard of care under the reasonable person test? Would his employer be liable for his actions
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