Nathan is an employee of Pizza Palace, a neighborhood pizzeria. Nathan's job is to deliver pizzas to customers. Nathan uses his scooter to deliver the pizzas.

One day, while at work, Nathan was riding his scooter to deliver pizzas to customers. On the way to his delivery his cellphone vibrated. While driving his scooter, Nathan looked at his cellphone to read a text from his girlfriend. As a result, Nathan lost control of his scooter and carelessly hit Sheila, a pedestrian, who was crossing the street. The accident caused Sheila to break her leg and she has been unable to work for several weeks.

Assuming Nathan is liable for a tort, can Sheila successfully sue Pizza Palace for her injury, and if so$,$ on what legal basis? Explain your answer by $($CANADIAN LAW$)$:

$($a$)$ identifying the legal issue;

$($b$)$ stating the legal test;

$($c$)$ applying the law to the facts; and