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Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful
Question: What are the key principles underpinning tort law in Canada?
Answer: Tort law serves to ensure accountability for harm caused, thereby promoting responsible behaviour in both personal and professional contexts; it upholds community values of safety, dignity, and respect while providing mechanisms for compensation when wrongdoing occurs.
Various Tort Disputes
Tort law is the area of law that applies to almost everything and anything within our society such as driving motor vehicles, flying airplanes, piloting ships, building family homes or office skyscrapers, maintaining parking lots, serving hot coffee, performing heart surgery, disciplining young children, or even selling cookies door-to-door. Tort law addresses legal claims for compensation due to the consequences of someone blameworthy for a minor injury, a business loss, a harmed reputation, or even a major catastrophe. Accordingly, everyone within society is governed and affected by aspects of tort law.
Tort law serves a fundamental social function by promoting a just and orderly society where individuals and organizations are held accountable for actions that cause harm to others. By offering a legal mechanism for injured parties to seek compensation, tort law deters negligent, reckless, and intentional misconduct, thereby encouraging responsible behavior in both personal and professional contexts. 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.
Explore Tortious Conduct Further...
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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.
