Philip H. Osborne

The Law of Torts (2000) Contents

SUMMARY TABLE OF CONTENTS

			PREFACE
			CHAPTER 1 Introduction
			CHAPTER 2 Negligence Basic Principles
			CHAPTER 3 Special Topics in Negligence
			CHAPTER 4 Intentional Torts
			CHAPTER 5 Strict Liability
			CHAPTER 6 Nuisance
			CHAPTER 7 Defamation
			CHAPTER 8 Relationships

CHAPTER 9

Conclusion The Canadian Law of Torts in the Twenty-first Century

			GLOSSARY
			TABLE OF CASES
			ABOUT THE AUTHOR

Philip H. Osborne

The Law of Torts (2000), Chap.1 Contents

CHAPTER 1

Introduction

A. An Exemplary Torts Case

1)

Criminal Law and Tort Law Contrasted 2) The Tort Litigation

			B. The Origins of Canadian Tort Law
			C. The Elements of Canadian Tort Law

1)

The Nature of the Defendant's Conduct 2) The Nature of the Plaintiff's Loss

D. The Objectives of Tort Law

1) The Moralist View 2) The Instrumentalist View a) Compensation b) Punishment c) Deterrence i) Specific Deterrence ii) General Deterrence iii) Market Deterrence d) Psychological Dimensions e) Education f) The Ombudsman Role

E. Personal Injury, Tort Law, and Other Compensatory Vehicles

1)

Governmental Initiatives 2) Private Sector First-Party Insurance

			F. The Organization of Tort Law
			Further Readings

CHAPTER 1, INTRODUCTION

Every day in Canada some of its citizens suffer harm as a consequence of personal, social, business, and governmental activities. The harm may be to their person, dignity, property, or wealth. Tort [Note 1: The word is not used colloquially. It comes from the French word meaning "wrong," and its use is restricted to the legal system.] law determines when the person who causes the harm must pay compensation to the person who suffers it. The answer to that question depends upon the nature of the conduct of the person who caused the harm, the nature of the harm suffered by the victim, and the circumstances in which the harm was inflicted.

This chapter addresses six matters. First, a typical torts case is considered to illustrate some of the characteristics of tort law and the nature of the civil litigation process. Second, reference is made to the origins of tort law. Third, consideration is given to the foundation elements of tort law. Fourth, reference is made to the objectives of tort law. Fifth, special attention is given to personal injury and fatality claims and how the remedies provided by the law of torts relate to other compensatory systems. Finally, consideration is given to the organization of tort law for the purposes of this book.

A. AN EXEMPLARY TORTS CASE

Evaniuk v. 79846 Manitoba Inc. [Note 2: (1990), 68 Man. R. (2d) 306 (Q.B.).] is not a well-known torts case. It is not referred to in any of the treatises on Canadian tort law. [Note 3: See, for example, G.H.L. Fridman, The Law of Torts in Canada (Agincourt, Ont: Carswell, 1989); L.N. Klar, Tort Law, 2d ed. (Scarborough, Ont.: Carswell, 1996); and A.M. Linden, Canadian Tort Law, 6th ed. (Toronto: Butterworths, 1997).] It does not make any special contribution to the development of the law of torts. It is, however, a good example of the kind of cases that Canadian lawyers deal with routinely and it provides a useful starting point for understanding the torts system.

The Evaniuk litigation arose from an incident in a Winnipeg bar. Ms. Evaniuk was sitting in the bar with her girlfriend. She noticed that her brother, who was sitting at an adjacent table, was kissing Ms. Fuerst, a waitress at the bar. Ms. Evaniuk warned her brother that he had better watch what he was doing because his wife would be arriving in a few minutes. Ms. Fuerst responded by throwing a full glass of liquid over Ms. Evaniuk. A heated exchange took place between the two women until two bouncers, employed by the bar, intervened. They took hold of Ms. Evaniuk, forcibly removed her from the premises, and threw her into the parking lot. She fell heavily and was injured.