Lindsay Kenney LLP

APSC 450

TORT LAW

Gregory S. Miller, P.Eng., LLB

Lindsay Kenney LLP

Exam Hint #2

Lindsay Kenney LLP

Torts

Latin, meaning “twisted or crooked”

Covers area of “civil wrongs”

Mostly judge-made (common law)

Primary Objective – compensation

Secondary Objective – deterrence

Lindsay Kenney LLP

Development of Tort Law

Writ of Trespass

• 13th C

• Responded to direct application of force

• Became the “intentional” torts

• “Actionable Per Se” – no proof of damage

Writ of Trespass on the Case

• 14th C

• Responded to indirect application of force

• Became the “unintentional” torts

• Damage must be proven

Lindsay Kenney LLP

Bases of Liability

Intention

Negligence

Strict Liability

Lindsay Kenney LLP

Intentional Torts

Battery

Assault

False Imprisonment

Defamation

Lindsay Kenney LLP

Battery

Intentional harmful or offensive contact

with another

“Actionable Per Se”

Intention relates to touching, not harm

Lindsay Kenney LLP

Assault

Intentional creation of apprehension of

imminent battery

“Actionable Per Se”

Reasonable belief of victim is sufficient

Lindsay Kenney LLP

False Imprisonment

Intentional wrongful confinement of

another person within fixed boundaries

“Actionable Per Se”

Must be complete confinement

Applies to everyone (incl. police)

Police have statutory protection

Lindsay Kenney LLP

Defamation

A false statement about a person to

his/her discredit

Publication to third person required

Truth is defence

Libel – written / recorded

• “Actionable Per Se”

Slander – oral

• Proof of damage required

Lindsay Kenney LLP

Unintentional Torts

Strict Liability

Negligence

Nuisance

Lindsay Kenney LLP

Strict Liability

“The person who, for his own purposes,

brings on his land and collects and

keeps there anything likely to do

mischief if it escapes, must keep it in at

his peril; and if he does not do so, is

prima facie answerable for all the

damage which is the natural

consequence of its escape”

Lindsay Kenney LLP

Negligence

ABC Rule

• Duty of care exists

• There has been a breach of that duty

• Damage has resulted from the breach

Lindsay Kenney LLP

Duty:

See:

BC v. RBO Architecture [1994] B.C.J. No. 1297

Dha v. Ozdoba [1991] B.C.J. No. 303

Sergius v. Janax Design [1992] B.C.J. No. 302

Landview v. Simic Engineering [1994] B.C.J. No. 113

Lindsay Kenney LLP

Breach

See: Hilton Canada v. S.N.C. Lavalin [1999] N.S.J. No. 188

White Rock Lodge v. BC Hydro [1993] B.C.J. No. 515

Lindsay Kenney LLP

Causation

See: Metro Toronto Condo Corp. No. 902 v. Macklingate

Development Inc. [1998] O.J. No. 6229

Stanco Projects v. British Columbia 2006 BCCA 246

Mustapha v. Culligan of Canada 2008 SCC 27

Lindsay Kenney LLP

Nuisance

The unreasonable interference with the use and enjoyment of land by its occupier

Unreasonable guaged by:

• Type and severity of harm

• Character of locale

• Abnormal sensitivity

• Utility of conduct

Lindsay Kenney LLP

HEY, BE CAREFUL OUT THERE!