Tort and Personal Injury Law Dictionary

A plain language, comprehensive explanation of each and every legal term used in the law of personal injury and tort.

Tort Law - An Introduction

Tort Law - An Introduction
Contrary to what bakers would have you believe, torts are not edible. They are bad things; ow-ies. When someone intentionally or by being negligent, and hurts you, the theory has it that you can sue and receive compensation.

Agar v. Canning, Ice Hockey Violence and Personal Injury Liability

Agar v. Canning, Ice Hockey Violence and Personal Injury Liability
A retaliatory blow, struck in anger during the course of an ice hockey game, even though provoked, went beyond the immunity conferred on players, and is actionable.

Alcohol Liability

Alcohol Liability
A must-read for any bar owner. From the local pub, the Jones’ annual Christmas Party to the beer in the locker room after a hard fought old-timers hockey game, any amount of alcohol sets off a ticking time bomb of liability.

Car versus Pedestrian Collisions

Car versus Pedestrian Collisions
The pedestrian does not always have the right of way.

Causation

Causation

There has to be a logical or rational link between the action or negligence of a person and the alleged damages caused to his victim, for a claim in tort to stick; the damages would not of happened but for the tort. This area is called "causation" and in this article, we explore the deep end.

Children's Liability for Torts and Personal Injury

Children's Liability for Torts and Personal Injury
Liability for personal injury and other torts caused by children: parents, guardians, babysitters and guardians listen up!

Damages for Personal Injuries Caused by Assaults

Damages for Personal Injuries Caused by Assaults
Damages awarded by Canadian courts for the tort of assault varies not just with the extent of injuries but, it seems, which judge you get, in which court and where the sun is on the horizon. The awards are all over the place: fine if high but a travesty if too low.

Canadian Defamation Law

Defamation

"You rotten $%#(%*%)!" You say it, you pay it. Few torts occur more frequently than defamation. Of course, I have never unjustifiably insulted anybody but you ... YOU! This article looks at the balance between free speech and put-downs and insults, known to the lawyer as defamation, libel or slander.

Defamation Damage Awards

Defamation Damage Awards
In defamation, libel and slander cases, there is no consistency in the amount of damages a judge might award. This is a bird's eye view of the land.

Defamation, Absolute Privilege and Judicial Proceedings

Defamation, Absolute Privilege and Judicial Proceedings
The law protects those who have to make defamatory statements during the course of judicial proceedings .... sort of!

Fence Law: The Law of Fences

Fence Law: The Law of Fences
The law of fences: good fences make good neighbours. No fences can make rich lawyers.

Government Liability in Canada

Government Liability
The Crown is subject to all liabilities in tort to which, if it were a person of full age and capacity...." While now a commonly accepted principle of law, it has not always been so as the hiding-place of "Crown immunity" has been formidable rabbit hole to ferret from.

Intentional Torts

Intentional Torts
Some torts are intended, such as an assault. In those events, the plaintiff's burden may seem easier than, say, a claim based on negligence. However, intentional torts come with a unique legal briefcase chock full of defences, which gives these claims at law their own twisty and complex road-map.

Malicious Prosecution

Malicious Prosecution
When an overzealous or bit nutty madman starts cranking out complaints about ya, ya gotta know how to fight back! Don't start a feud with a nutcase - ...

Medical Liability in Canada - A Primer

Medical Liability
Medical liability is a very complex area of the law pitting an impossible occupation in terms of result(s) against tort law demands that tries to strike a balance between profession-specific negligence and reasonable patient expectations.

Mental Health Apprehensions: Habeas Corpus Be Damned

Mental Health Apprehensions: Habeas Corpus Be Damned
Over each of us, lawyers, judges and yes- even you guys out there! – hovers an arrest warrant lest we ever show, in the opinion of a certain other, a lack of competence to care for oneself.

Negligence - An Introduction

That you are to love your neighbour becomes in law, you must not injure your neighbour. Negligence ensues if reasonable care is absent in avoiding acts or omissions which can be reasonably foreseen to injure another.

Nuisance

A person's enjoyment of their property ends when they interfere with their neighbours. A simple concept but as elsewhere in the law, an area where legal theory rules the deep-water of its seas. "Nuisance" is the pretty little word the law uses to capture that area of tort law concerned with the interference of other people's property by one's own things.

Occupiers' Liability

Occupiers' Liability
Beware shop owners, restaurant owners and all others ... including any little "Mom and Pop" firm with a shingle out. Occupiers' liability can choke yo...

Passing-Off

The rare but devastating tort of passing-off occurs when one merchant attempts to mislead patrons or consumers in having them believe that his product...

Res ipsa loquitur

Res ipsa loquitur
The accident shouts negligence, such as falling objects that injure; a rebutable presumption tort law sets upon certain patterns of fact, and which cr...

Son Of A Bitch Defamation Cases

Son Of A Bitch Defamation Cases
Find out how you can call anyone a cheap bastard, an old maid or an illiterate half-baked crank and maybe get away with it!

The Defamation Claim: Exacting Drafting

The Defamation Claim: Exacting Drafting
A plain language primer on drafting a defamation claim.

The Reasonable Man - Law's Ghost God

The Reasonable Man - Law's Ghost God
The reasonable man ... the reasonable person: meet that ethereal creature that dominates the law of negligence and other areas of the law.

Tree Law

Tree Law
Tree law: the law of trees and their roots and branches.