Tort

• Social or civil wrong that gives rise to the right to sue to seek one of several remedies
• Usually the remedy is monetary damages, but may include punitive damages or equitable remedies (such as an injunction)
• Separate from a “crime” (two different types of actions, two different standards of proof)
• Different than a breach of contract because a tort is inherently wrong and a breach of contract is wrong because there is a breach of the terms of the contract
• There are intentional and unintentional torts

• Social or civil wrong that gives rise to the right to sue to seek one of several remedies
• Usually the remedy is monetary damages, but may 
• include punitive damages or equitable remedies (such as an injunction)
• Separate from a “crime” (two different types of actions, two different standards of proof)
• Different than a breach of contract because a tort is inherently wrong and a breach of contract is wrong 
• because there is a breach of the terms of the contract
• There are intentional and unintentional torts

• describes a situation where one party can be held liable for another party’s actions. 

• The most common is where an employer is held 

responsible for the actions of an employee

• Usually occurs in cases where the employee is 

performing their employment duties, but the case law 

suggests that this may go further and include activities 

that derive from the employment relationship (ie. 

employees actions as the company golf tournament)

• Assault – conduct that makes a person believe that he or 

she is going to be struck (in other words, a credible 

threat)

• Battery – intentional unwanted physical contact with 

another person

• Note: Assault and Battery are two separate torts.

• Defences:

1. Consent – but remember, the level of interference cannot 

exceed the level of consent

2. Self-Defence – may only use reasonable force, not excessive 

force

means going onto another person’s property without 

having lawful right or the owner’s permission to do so.

• “continuing trespass” involves a permanent structure that 

is continually trespassing (ie. a building partially built on 

someone else’s property)

• Occupier’s Liability Legislation – will be discussed in the 

following chapter

someone sells or otherwise wrongfully disposes 

of goods belonging to someone else (ie. theft of money or 

property)

Remedy – forced sale (which is the equivalent of damages calculated 

at the date of the conversion) or return of the goods 

• “buyer beware” – could mean that the buyer has to pay twice (once to 

the person who originally sold it to them and once to the rightful 

owner) – then the buyer would have an action for breach of contract 

against the party that originally sold it to them.

wrongful detention of someone else’s goods

• Remedy – forced sale (which is the equivalent of damages calculated 

at the time of trial as this is a continuing tort)

is restraint without lawful authority

occurs where a person is acquitted of 

a criminal charge or the charge is abandoned by the 

prosecution and where the prosecution was motivated by 

malice and there were no reasonable grounds to proceed with 

the criminal action in the first place

where an individual or business uses property in 

such a way that it interferes with a neighbor’s use or enjoyment of his 

or her property (usually must be ongoing and continuous). The 

consequences must be reasonably foreseeable by the defendant.

where the government sues for injury to public 

property

– is a published false statement that is to a person’s detriment

• Must: 

• be derogatory (cannot be flattering) 

• be false

• be published (which means transmitted to a third party

refer specifically to the plaintiff (not an entire group)

2 types: slander and libel (spoken and written)

– is where someone attacks the reputation of another person’s product or 

business

when one person 

convinces another to breach a contract with a third party 

(ie. employment contract or a supply contract)

is actionable 

where there is no breach of contract but where there is 

some other unlawful conduct (ie. bribery)

the threat of violence or some other illegal 

activity where it forces the business to do something to 

harm itself

fraudulently misleading 

another person which causes damages

two or more persons act together 

using unlawful means to injure the business interests of 

another

when a business or product is presented to 

the public in such a way to lead the public to believe the 

product is being provided by another

1. Information was confidential in nature;

2. The information was given in confidence; and

3. It was misused by the person to whom it was conveyed