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Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful
Question: What should I know about tort disputes in Canada?
Answer: Tort disputes involve civil wrongs causing harm, allowing individuals to seek compensation for damages. Understanding these issues is essential for accountability and legal recourse, ensuring your rights are protected in any wrongful situation.
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 serves a vital role in society by ensuring that individuals and entities are accountable for conduct that results in harm to others. This legal framework upholds a standard of care by offering remedies to those affected, thus fostering responsible actions in daily life and professional duties. Apart from the compensatory function, tort law shapes societal expectations by holding individuals to norms of fairness and responsibility. This strengthens respect for the law and cultivates a social climate grounded in safety, accountability, and consideration for others.
Common Issues Include:
Learn More About Tortious Conduct...
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“... 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.
