Part 1: Intentional TORTS

A social
wrong (not
necessarily a
crime)

A civil wrong
(between
THE individuals)

NATURE OF
TORTS When an
intentional or
careless act
harms another

Injured party
usually sues
for monetary
compensation
 Crimes are social wrongs
that affect society as a whole

Some crimes are also torts

T H E N ATU RE
O F TO RTS …
CO N T. A tort is an inherently
wrongful act that causes
injury to another

Tort law changes behaviour

– simply through the threat
of liability.
 Is it possible for wrongful conduct to be
both a tort and a crime?

QUESTION
FOR
DISCUSSION
Is it appropriate for a person who
engaged in wrongful conduct to be
prosecuted criminally and then to be
subject to a civil lawsuit to compensate
the victim for the injuries suffered? (ex:
O.J. Simpson case)
 Intentional

• Deliberate acts that

cause injury or loss
CATEGORIES
OF TORTS
Unintentional

• Careless or
negligent acts that
cause injury or loss
 Courts will compensate for:

• Physical, economic, emotional and

mental injuries
JUDICIAL • Mental disorder, but not simply
REMEDIES mental or emotional distress

Court attempts to restore the

victim to original position
 Special damages

JUDICIAL
REMEDIES,… General damages
C O N T.

Punitive
(Exemplary)
damages
 Liability without personal fault

Imposed on employers when

VICARIOUS they are held liable for torts
committed by employees
LIABILITY during the course of their
employment

Or by statute, such as a vehicle

owner being liable for the use
of it by another person (ex:
driving your mom’s or dad’s
car and getting into an
accident)
 • Examples:
• Trespass to Person (Assault and battery)
• Trespass to Land
• False imprisonment

INTENTIONAL • Nuisance
TORTS • Defamation
• Courts may award punitive damages
(particularly when conduct eggregious)
 Assault – where
there is fear of
contact

Battery – the least

touching of another Accident not
TRE S PA SS TO without consent (ex: mistake;
PE RS O N : Bettel v. Yim)
A S S A U LT A N D
BATT ERY Defences: Consent (informed);

Self-defence
(reasonable force)
 QUESTION

• Is there any tort of assault or battery committed through

the conduct of a typical hockey fight?
• Why do some fights in hockey games result in tort
actions, and others do not?
• Moore v. Bertuzzi case
 Being on another’s land
without authority
• Permission implied for business
offering public services
TRESPASS Occupier owes a lesser duty
TO LAND of care to trespassers than
those there with authority

Continuing trespass
remedied by injunction
 Chattels – Personal Property
(goods)

(Land – Real Property)

Actions:
TRE S PA SS TO
CH ATT EL S , • Conversion- “a voluntary act by one
CO N V ER S I O N , person inconsistent with the ownership
rights of another.”
A N D D ETI N U E • Detinue - an action to recover for the
wrongful taking of personal property
• claimant must first prove that he had
better right to possession of the 
chattel than the defendant and
• the defendant refused to return the
chattel once demanded by the
claimant.
 The unlawful Restraint Victim may Defence –
and must be total submit, or be Citizens
intentional forced to arrest:
restraint of comply restraint may
persons be justified if
FA LS E against their persons have
will done
I M PR I S O N ME N something for
T which they
may be
arrested (see
section 494 of
CCC)
Ex: Shoplifting
situation in
business
 • Prosecution abandoned or “not guilty”
MALIC IOUS • Prosecution motivated by malice
PROSECUTION • No reasonable grounds to have originally
proceeded with criminal action
 Public nuisance affects
public in general
(government plaintiff)

Private nuisance interferes

PRIVATE with others’ use of their
property
NUISANCE

Strict liability for inherently

dangerous situations or
products (ex: gulf oil spill;
chemical spill in water
supply of city by mining co.)
 • A detrimental false statement about
someone
• Must be published or broadcast
• Slander- spoken defamation
D E FA M AT I O N
• Libel – written defamation
• Defamation is actionable when
published/broadcast on the internet
(ex: Braintech v. Kostiuk case)
 • Defences to a defamation action:
• Truth
• Absolute privilege- where statements are made during,
incidental to, and in the processing and furtherance of
judicial or quasi-judicial proceedings or where statements
are made in the proceeding of a legislative assembly
• Qualified privilege- persons in positions of authority or
trust   can make statements or relay or report statements
that would be considered slander or lible   if made by
anyone else-Supervisor evaluation of employee reported
D E FA M AT I O N , … C O N T .
to his boss
• Fair comment - comment on a matter of public interest;
recognizable as an opinion rather than a statement of fact,
and could be drawn from the known facts.
• Public interest responsible journalism- where the
media or other persons publish information to the general
public, and where the facts turn out to be untrue.
Provided the subject matter of the publication meets a
test of being of “public interest” and the defendant
exercises due diligence prior to publication to ensure that
the facts are accurate
 Inducing breach of
contract
• Commonly luring people to breach
their current employment or
supply contracts

Interference with
OTHER TORTS economic relations
IMPACTING
BUSINESS
Intimidation

Intentional infliction of
mental suffering
• Harassment
 Deceit (Fraudulent
misrepresentation)

Conspiracy To injure
business interests

O TH ER TO RT S
I M PA CT I N G
BU S I N ES S …
C O N T.
Passing off knockoffs

Misuse of Breach of
confidential confidence (may
be to solicit
information customers)
 • Privacy protection provided by statute
• PIPEDA- Regulates collection and use of private information
• Privacy Act (BC):
Violation of privacy actionable
1  (1) It is a tort, actionable without proof
of damage, for a person, wilfully and
without a claim of right, to violate the
privacy of another.
(2) The nature and degree of privacy to
which a person is entitled in a situation or
in relation to a matter is that which is
PRIVAC Y reasonable in the circumstances, giving
due regard to the lawful interests of
others.
(3) In determining whether the act or
conduct of a person is a violation of
another's privacy, regard must be given to
the nature, incidence and occasion of the
act or conduct and to any domestic or
other relationship between the parties.
(4) Without limiting subsections (1) to
(3), privacy may be violated by
eavesdropping or surveillance, whether
or not accomplished by trespass.
 Tort law is designed to provide
compensation for injury or
damages suffered.

QUESTION
FOR
DISCUSSION
Is it appropriate for the civil
court to award damages where
no loss has been suffered by the
person suing? For example, in a
case of trespass on property.