Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful | Benchmark Legal Offices
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Tortious Conduct: Behaviour That Is Negligently, Intentionally, or Recklessly Wrongful


Question: What is tort law in Canada, and why is it important?

Answer: Tort law in Canada governs civil wrongs, distinct from contract or fiduciary breaches, by allowing individuals to seek compensation for harm caused. It plays a crucial role in promoting responsibility and fairness, ensuring individuals and organizations consider the impact of their actions on others. Understanding tort law supports a civil society where legal institutions uphold community values and shared respect. For assistance navigating tort disputes, connect with the skilled team at Benchmark Legal Offices today.


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 contributes to societal well-being by reinforcing the principle that those who cause harm should answer for their actions. This principle encourages individuals and businesses alike to behave with due care and attentiveness in their personal dealings and professional activities.  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:
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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.

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