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Elements of Torts of Intentional HarmA tort will lead the wronged party to try and
recover money as compensation for the loss or injury suffered, not to punish the person who is responsible
Much of the process involves determining who is at fault and the extent of the damage
Looks at balance of probability
4 distinct elementsIntentional interference: wilful intrusionHarm: resulted from wilful acts of one personDamages: put person back into a position
before injury occurredDefences: can the accused can be excused by a
legal defence
1. Harming PeopleDamages are given for bodily injury, denial of
personal freedom and injury to reputation
Bodily InjuryBattery: unlawful, unprivileged touching of
another personMacDonald v. Sebastian p1987]
Assault: person deliberately leads another person to believe that he/she is about to be harmedMahal v. Young [1986]
Denial of Personal FreedomFalse imprisonment: false arrest
Detaining a shoplifterInvasion of Privacy: invading someone’s
privacyTelephone harassment
Injury to ReputationMalicious Prosecution: wrongfully
commencing criminal proceedings against someoneNelles v. Ontario [1989]
Defamation: damage to a persons reputationLibel: written form and slander: spoken form
2. Abusing PropertyCaused to people when others abuse
property: goods may be stolen, land may be trespassed and can harm surrounding properties
Goods Conversion: taking goods or keeping it when it
should be returnedTaking a car that belongs to someone else
Trespass: if goods are damaged by another personDamaged hood of car
Land Trespass: owner owns soil, airspace and land,
if someone is on property and causes damage, they are liableCan’t walk into another persons property
Nuisance: unreasonable disturbanceBarking dogOnt. Ltd. V. Huron Steel Products [1990]
RemediesSeveral remedies a court can give
Return propertyInjunction [do/stop doing something]Compensation [nominal, compensatory,
punitive]
1. Nominal DamagesA token amount paid to the plaintiffThe court is saying that the plaintiff was
wronged but did not suffer any real hardship from the wrong
Range from: $1-$250
2. Compensatory DamagesReimburse a person who has been wronged
for all the financial loss sufferedInclude general and special damages
General damages: unspecified injurySpecial damages: specific losses
George is assaulted and battered by Brian He may be rewarded general damages for physical
injury, ongoing mental pain, loss of lifestyle He may be rewarded special damages for broken
glasses, crutches, loss of wage
3. Punitive DamagesReserved for situations the courts feels that
the defendant openly wronged the plaintiffAre windfall for the plaintiff because the
plaintiff didn’t suffer actual harm
DefencesInformed consent: person agreed to the
intentional harmPerson consenting should know they are
consentingConsent is assumed, but not excessive force
[playing hockey]Consent cannot be forced [...or you’re fired]Person doing illegal activities consented to the
possibility of harm [bank robbery]Consent of goods [given permission]Consent to use property [pay for towing]
...Medical consent: if doctor does something the
patient has not consented to, the patient can start an action in battery Prevent it by obtaining patient’s informed consent
2 requirements:1. Consent must be from someone that is able and
competent2. Made fully aware and consent to all possible
consequencesTest used: would a reasonable person in the
plaintiff’s condition have undergone the procedure if he/she had been properly informed
Defences to Torts to PersonSelf-defence: if person is in danger of physical
injury [i.e., battery]Force must be reasonable and necessaryThere must be real fear for the life of
self/anotherLegal authority: during the arrest must give
the accused an opportunity to submit peacefullyKoechlin v. Waugh [1957]
Discipline: disciplining children
Defences to Torts on GoodsNecessity: necessary to trespass on land for
some goodRecapture of goods: limited right to trespass
Retrieve something [i.e., ball]Someone wrongfully takes a good and leave it
on another’s property [i.e., Ann takes Bob’s car and leaves it at Cathy’s]
Prescription: if trespass occurs for 20+ years, acquire legal rights
Defenses to Defamation1. Qualified Privilege
Used when someone is asked to make comments/give a report about another
e.g. an employer giving a reference; a credit agency giving a credit rating; a teacher giving a student a report
Must be made in good faith and believed to be true
Usually successful unless the comments made are malicious
2. Fair CommentUsed by people whose job requires them to act
as a critic and make comments about the work of others
e.g. movie, sports, restaurant criticsMust be the opinion of the person, but not
meant to be malicious
3. TruthThis is the best defense, if it can be provenAlthough people may have things they may
prefer to remain hidden, it is not defamation if they come to light.
4. Absolute PrivilegeUsed when statements are made by members
of parliament; the provincial legislature, and all persons participating in the courts, coroners’ inquests, judicial hearings and boards of review
Statements given in the confines of these meetings cannot be used against them as defamation