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Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful
Question: What are common tort disputes in Canadian law?
Answer: Individuals and businesses may face various tort disputes, including negligence and defamation, which can impact finances and reputation. Understanding tort law can help you seek proper compensation for harm caused by others, ensuring accountability and promoting responsible behaviour within society.
Various Tort Disputes
Tort is a word derived from the Latin word tortum and is loosely meaning wrong or wrongful. In law, tort falls into the area of civil law other than breach of contract or breach of fiduciary duty, involving rights of action (the right to sue) for a remedy such as compensation for harm caused by the tort. The first known use of the word tort within a legal proceeding was in the case of Boulston v. Hardy, (1597), 77 E.R. 216.
Tort law plays an essential role in maintaining social order by providing a mechanism through which individuals can seek recourse for harm caused by others. In doing so, tort law encourages accountability and discourages negligent or harmful behavior in both personal and occupational settings. In addition to offering remedies, tort law plays a key role in upholding the moral standards of society. It enhances public confidence in the justice system and promotes social cohesion by fostering a culture of care, ethical behavior, and mutual consideration.
Common Issues Include:
“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)
As above, even a highly experienced and knowledgeable Court of Appeal judge can be unfamiliar with all aspects of tort law; and accordingly, with dozens of legally recognized torts applicable to various forms of wrongdoing, it is necessary to carefully review the relevant law applicable to tort matters.