Tort Law in Ontario: A Comprehensive Guide for Legal Professionals
As a cornerstone of civil litigation, tort law enables individuals to seek justice and compensation for harms caused by others’ wrongful acts. This guide breaks down tort law fundamentals, key case types, and practical litigation strategies specific to Ontario’s legal landscape.
What Is Tort Law?
Definition
Tort law addresses civil wrongs that cause harm, allowing victims to sue for compensation. Unlike criminal law, tort cases focus on remedying losses rather than punishing offenders.
Key Objectives
✔ Compensation – Restore injured parties financially/physically
✔ Deterrence – Discourage harmful behavior
✔ Justice – Hold wrongdoers accountable
3 Main Types of Torts in Ontario
1. Intentional Torts
Definition: Deliberate acts causing harm.
| Example | Key Element |
|---|---|
| Assault/Battery | Threat or physical harm |
| False Imprisonment | Unlawful restraint |
| Defamation | False statements harming reputation |
Litigation Tip: Prove the defendant’s intent to act and direct causation of harm.
2. Negligence
Definition: Failure to exercise reasonable care, causing unintended harm.
| Example | Duty of Care Breach |
|---|---|
| Car accidents | Speeding, distracted driving |
| Medical malpractice | Substandard treatment |
| Slip-and-fall | Unsafe property conditions |
4 Legal Elements Required:
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Duty of care owed
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Breach of that duty
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Causation (harm resulted from breach)
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Damages (quantifiable loss)
3. Strict Liability
Definition: Liability without fault for inherently risky activities.
| Example | Scenario |
|---|---|
| Defective products | Manufacturer liability |
| Dangerous animals | Pet owner liability for attacks |
Key Factor: Focus on the activity’s risk, not the defendant’s intent.
Tort Claims Process in Ontario
Step 1: Filing a Claim
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Submit a Statement of Claim (Ontario Superior Court) detailing:
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Facts of the case
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Type of tort alleged
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Compensation sought
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Deadline: Generally 2 years from injury date (Limitations Act, 2002).
Step 2: Discovery Phase
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Exchange evidence (medical records, witness statements).
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Conduct examinations for discovery (depositions).
Step 3: Settlement or Trial
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>90% of cases settle via negotiation/mediation.
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If unresolved, proceed to trial (judge or jury decision).
Common Defenses in Tort Cases
| Defense | Application |
|---|---|
| Contributory negligence | Plaintiff’s own fault reduces damages |
| Voluntary assumption of risk | Plaintiff knowingly accepted danger |
| Statute of limitations | Claim filed too late |
| Consent | Plaintiff agreed to the action (e.g., sports injuries) |
Compensation & Damages
1. Compensatory Damages
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Special Damages: Reimburse quantifiable losses (medical bills, lost income).
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General Damages: Compensate non-economic harm (pain/suffering).
2. Punitive Damages
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Rare awards to punish egregious misconduct (e.g., corporate cover-ups).
Recent Developments in Ontario
1. COVID-19 Impact
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Rise in workplace safety negligence claims.
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Remote hearings becoming standard.
2. Privacy Torts
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Courts recognize intrusion upon seclusion for data breaches.
3. Limitation Period Reforms
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Stricter deadlines to prevent stale claims.
Key Takeaways for Practitioners
✔ Negligence is Ontario’s most common tort claim—focus on duty of care evidence.
✔ Strict liability cases hinge on proving the activity’s inherent danger.
✔ Document everything—medical reports, witness accounts, and financial losses.
Need case-specific advice? Consult Ontario’s Rules of Civil Procedure or a tort law specialist.
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