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A Brief Explanation Of Canadian Tort Law

by Gene Vasquez

Personal injuries happen everywhere in the world. The basic definition of personal injury is that wrongdoing of one person causes injury to another. In Canada, personal injury laws are referred to as tort law, derived from the Latin word "tortum", which means "wrong, injustice". Under these laws, there are two different subcategories--intentional and unintentional torts.

Intentional Torts

There are plenty of people who receive personal injury from another over a disagreement. Many examples that are going to fall under this subcategory are:

  • Assault (normally a threat or a reasonable belief harm is going to happen)
  • Battery (Intentional, unwanted direct or indirect physical contact)
  • False arrest or imprisonment
  • Trespassing
  • Deceit, fraud, and conspiracy (personal or business)
  • Mental distress caused intentionally

Different provinces recognize personal injury a little bit different. For example, Alberta allows for collection on sorrow and grief of survivors in a wrongful death.

Unintentional Torts

Negligence is the underlying factor in unintentional torts. There are many different situations in which this can qualify, but the main concepts that are considered in each case are:

  • Reasonable thought that another individual can receive harm
  • Standard of conduct for how a reasonable person would have handled a situation
  • Who was at fault

Types of Damage

In order to have a good claim at personal injury, a person must show that they need relief from the damages caused. Some of these are going to include:

  • Time off from work or a diminished capacity to earn a living
  • Pain and suffering
  • Medical expenses, present and future
  • Loss of enjoyment of life

In the case of death, the family of the deceased, estate, and/or dependents can also submit a claim for losses. However, there are certain limits on death claims, especially monetary losses resulting from the death or even funeral costs. If a wrongdoer is found liable for the injury sustained, they must compensate the victim for the losses.

Situations are going to vary greatly within situations, so it is generally a good idea to compile a good case for your own individual claim. For instance, one man slipping and falling on someone's snowy walkway is going to need to supply different proof than someone who was falsely imprisoned. Whether or not you use a lawyer is up to each injured individual, but a lawyer can help guide the process. Talk with a firm like Frame & Co Injury Law to see if you could benefit from professional legal help. 

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