D. Reid Paralegal Services Ottawa
Canadian Tort Law
Canadian TORT LAW
“Tort” means “a wrong” in Latin. Tort law is what governs personal injury law in Canada.
When someone else wrongs you, you deserve justice. And tort law ensures that you get it.
Under Canadian Tort Law, anyone who causes you or your property damage is liable. You are entitled to seek compensation and settlement for these damages.
It’s a branch of private law under which individuals can hold other parties responsible for injuries or damages. The cases go to a judicial court and generally result in a settlement for the victim to cover various expenses and pain and suffering.
Canadian Tort Law is more focused on compensation to the victim, and it exists to help you get the settlement you’re entitled to.
Types of Tort Claims
In essence, tort claims and personal injury claims fall under the same category. They are all claims brought forward by a victim, the injured party, seeking compensation for their injuries or damages.
There are two types of tort claims in Canada: intentional and unintentional. Here’s a breakdown of what each of these claims mean and how you can determine which one you need to make.
Intentional Tort Claims
Intentional tort claims are wrongful actions that someone else does to you on purpose. It includes anything from unwanted physical contact to defamation.
For some cases, the defendant can be charged under the Canadian Criminal Code. That’s because many intentional tort claims can be pretty serious in nature.
This is especially true when these claims consist of someone intentionally doing you harm, like assault, or vandalizing your property.
But in many cases, you can seek justice in private law court.
Unintentional Tort Claims
Unintentional tort claims are based on negligence.
Everyone in this country has a duty of care to one another. This means that we are all required to ensure that someone else’s safety is met to the best of our individual ability.
When someone does not meet that duty of care to another person, they can be charged for negligence under Canadian tort law.
There’s also the standard of care to others. When someone doesn’t do something that another, reasonable person would have done, they fail to meet a standard of care.
Tort Claim Examples
Intentional tort claim examples consist of harmful acts like assault, battery, defamation, or fraud, to name a few. Essentially, it occurs any time someone inflicts intentional harm on you.
Sexual assault is a common type of intentional tort claim that can result in severe damages to the victim. If you find yourself the victim of unwanted sexual contact, you can file a tort claim against the perpetrator for compensation.
One example of an unintentional tort claim would be a car accident. No one purposely rear ends someone, but when they do, it’s often because they acted carelessly.
If you get rear ended and you suffer a serious case of whiplash, you can file an unintentional tort claim against the other driver.
Both types of tort claims can include property damage claims as well. While these aren’t always dealt with in personal injury law, they are considered tort law. For example, trespassing is considered property law as well.