Johnyhas always wanted to be a firefighter but he is functionally blind in his left eye. Knowing that the City of Ottawa would not hire him if it knew about his visual impairment, Johny did not mention about this fact while applying. He also remained silent about another fact that he has arranged for a friend to take the medical examination on his behalf.He was offered a job on the basis of his resume and the results of his friend's medical examination.

One day while responding to a fire alarm, the fire truck that Johny was driving collided with a van killing two people.A short time later, the fire chief received an anonymous tip that Johny was blind in his left eye. As a result, the city persuaded Johny to resign and then had charges pressed against him under criminal code.

Johny argued since the accident occurred while he was on duty the city must pay for the damages as per the contract. The city responded by saying Johny had misrepresented the facts.

Questions:

1. Was it a misrepresentation on Johny's part?
2. Would it still have been a misrepresentation had Johny not used his friend as a stand-in?
3. Should City pay for the damages?