Tort law in Canada concerns the treatment of the law of torts within the Canadian jurisdiction, excluding Quebec which is covered by the law of obligations. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties The Law of Obligations is one of the component private law elements of the civil law system of Law.
Sources
As with most common law countries Canadian tort law is primarily judge-made law, much of which is inherited from English tort law, which is supplemented by mostly provincial regulatory laws such as provincial automotive safety Acts. Tort law in England and Wales concerns civil wrongs as distinguished from criminal wrongs. The core of Canadian tort law has not strayed far from its English origins, however, it is in the evolving areas of law, such as nuisance, defamation, or medical liability, where Canadian jurisprudence has set out on its own.
Intentional tort
Except where excluded by statute, the common law intentional torts are applicable in Canada. This includes:
There has been no agreed upon common law action for breach of privacy. For other uses of the term "Assault" please see Assault (disambiguation. At Common law, battery is the Tort of intentionally (or in Australia, negligently and voluntarily bringing about an unconsented harmful or offensive Trespass (Fr trespas a crime properly a stepping across from Lat False imprisonment is a Tort, and possibly a Crime, wherein a person is intentionally confined without legal authority Intentional infliction of emotional distress ( IIED) is a Tort claim of recent origin for intentional conduct that results in extreme emotional distress [4]
There was some debate over whether there was a common law tort of discrimination. This was eventually dismissed by the Supreme Court in Bhadauria v. Seneca College. Seneca College v Bhadauria, 2 SCR 181 is a leading decision of the Supreme Court of Canada on Civil rights and Tort law
Negligence
- See also: Negligence
References
- ^ See Bruce v Dyer (1966) 58 DLR (2d) 211
- ^ See Bettel v. Yim
- ^ e. Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to Bettel v Yim (1978 20 OR (2d 617 is a famous Canadian tort case from Ontario g. see Clark v. Canada (1994), 20 C. C. L. T. (2d) 241 (F. C. T. D. ) and Nolan v. Toronto Metro Police [1996] O. J. No. 1764 (O. C. J. )
- ^ See Somwar v. McDonald's Restaurants of Canada Ltd. [2006] O. J. No. 64 [1]
External links
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| Sources of law |
Constitution, federal statutes, provincial statutes |
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| Core areas of law |
Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law |
| Other areas of law |
Aboriginal law, Civil and human rights, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law |
| Courts |
Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts |
| Education |
Law school, Law School Admission Test, Call to the bar |
The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth. The Constitution of Canada is the supreme law in Canada; the country's Constitution is an amalgamation of codified acts and uncodified traditions The following is a list of notable Acts of Parliament of Canada. The following is a list of notable Acts passed by all Canadian provinces and territories Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts. Canadian administrative law is the body of law in Canada addressing the actions and operations of governments and governmental agencies Criminal law in Canada is under the exclusive jurisdiction of the federal government. Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century Tort law in Canada concerns the treatment of the law of Torts within the Canadian jurisdiction excluding Quebec, which is covered by the Law of obligations Property law in Canada is the body of law concerning the rights of individuals over land objects and expression within Canada. See also Human rights in Canada Civil rights law in Canada concerns the private rights and power of people within Canada Family law in Canada concerns the body of Canadian law dealing with the family relationship its formation and its dissolution Canadian immigration and refugee law concerns the area of Law related to the admission of foreign nationals into Canada, their rights and responsibilities once Canadian labour law is that body of Law which regulates the rights restrictions obligations of trade unions workers and employers in Canada Canadian copyright law is the area of law that defines Copyright within Canada. Canadian trade-mark law provides protection to marks statutorily under the Canadian Trade-mark Act and also at common law Canadian patent law is the legal system regulating the grant of Patents on Inventions within Canada. The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal In Common law systems a superior court is a Court of general Competence which typically has unlimited Jurisdiction with regard to civil and The Provincial and Territorial Courts in Canada are local trial "inferior" or "lower" Courts of limited jurisdiction established Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law This is a list of Law schools and law faculties in Canada. Canada is mostly a Common law jurisdiction The Law School Admission Test ( LSAT) is an examination administered by the Law School Admission Council (LSAC that attempts to measure logical and verbal reasoning The Call to the Bar is a legal Term of art in most Common law jurisdictions
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