Intentional Torts

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

Civil and Criminal Law

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