concea fore leaving this topic, consider Ethical Perspectives $9\mathrm{.}1.$ As you will have noticed, the issue of silence and misrepresentations raises moral, as well as legal, questions.

Ethical Perspective $9\mathrm{.}1$

Misrepresentation and Silence ${?}^{14}$

Johnny Grievor has 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, Grievor applied to be a firefighter but did not mention his disability. He also remained silent about the fact that he had arranged for a friend to take the required medical examination. On the basis of his resum$$ and the results of his friend's medical examination, the city hired Grievor to be a firefighter.

One day, while responding to a fire alarm, the fire truck that Grievor was driving collided with a van and killed two people. A short time later, the fire chief received an anonymous tip that Grievor was blind in his left eye. The city persuaded Grievor to resign and then had him charged under the Criminal code in connection with the accident.

Even though he had resigned, Grievor argued that he was entitled to invoke a clause in his old employment contract that required the city to pay for "any and all damages or claims for damages or injuries or accidents done or caused by $[$him$]$ during the performance of $[$his$]$ duties."

That provision normally applies in favour of former employees who are charged in connection with events that

occurred during the course of employment. The city, however, argued that Grievor's misrepresentation regarding his eyesight allowed it to rescind the contract and avoid liability under the contractual clause.

The court held that the failure to disclose his visual impairment amounted to a fraudulent misrepresentation that would have justified Grievor's dismissal. But the court also said that since the city accepted Grievor's resignation, rather than rescind his contract, it was obliged to pay his legal fees.

Questions for Discussion

Do you agree that Grievor had a duty to disclose his disability? Would these facts have given rise to misrepresentation if Grievor had not used a friend to pass his medical examination? Explain your answer.

Do you agree that the city should be required to pay Grievor's legal fees? What if circumstances were different and money was owing to the families of the car crash victims? Should the city be required to pay the families if Grievor cannot? Explain your answer. ${?}^{15}$