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Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful
Question: What is tort law and why is it important in Canada?
Answer: Tort law addresses civil wrongdoings, allowing individuals to seek compensation for harm caused by others. It plays a crucial role in promoting accountability and upholding societal standards, ultimately fostering a sense of justice and responsibility within communities.
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 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. Beyond compensation, tort law reinforces community standards of fairness and care, fostering public confidence in the rule of law. This area of law helps balance individual rights with societal interests, ensuring that those who suffer harm due to another’s wrongful conduct are provided a path to redress, while also upholding broader values of safety, integrity, and mutual respect.
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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.