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Canadian tort law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian tort law originally derives from that of England and Wales but has developed distinctly since Canadian Confederation in 1867 and has been influenced by jurisprudence in other common law jurisdictions. Meanwhile, while private law as a whole in Québec was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec, which codifies most elements of tort law as part of its provisions on the broader law of obligations. As most aspects of tort law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, tort law varies even between the country's common law provinces and territories.
In the country's common law provinces, a tort consists of a wrongful acts or injury that lead to physical, emotional, or financial damage to a person in which another person could be held legally responsible.[1] The two main subcategories of tort law are intentional torts and unintentional torts. Similarly in Québec, there are four conditions necessary for a finding of civil liability under the CCQ:[2]
Imputability: The capacity of a tortfeasor to "discern right from wrong", and to understand the consequences of their actions.
Fault: The failure of a tortfeasor to act as "a normally prudent and reasonable person" would have in similar circumstances.
Damage: Harm or injury suffered by the plaintiff
Causation: A causal link between the fault of the tortfeasor and the damage incurred by the plaintiff.
The defendant in a tort suit is called the tortfeasor, and most often, financial compensation is what tort victims acquire.[3] All torts require proof of fault in order to determine legal responsibility, however, fault is measured differently for the different types of tort.[3] There are criminal code offences in Canada that could also qualify as tort law under common law. However, most victims do not sue those who are criminally charged since the accused do not have the financial means to pay back the victim or because the accused is incarcerated.[4]
^Allen, Bill Van (2009). Police powers : law, order and accountability. Toronto: Pearson Prentice Hall. p. 43. ISBN 9780132429825.
^Baudouin, Jean-louis. "Law of Delict in Québec". The Canadian Encyclopedia, 23 September 2016, Historica Canada. [www.thecanadianencyclopedia.ca/en/article/delict PDF] Accessed 27 May 2022.
^ abRock, Nora; Hoag, Valerie (2011). Foundations of criminal and civil law in Canada (3rd ed.). Toronto: Emond Montgomery Publications. p. 165. ISBN 9781552393833.
^Goff, Colin (2011). Criminal justice in Canada (5th ed.). Toronto: Nelson Education. pp. 21. ISBN 9780176501730.
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Court of Canada?". Legal Studies. 25: 49–71. doi:10.1111/j.1748-121X.2005.tb00270.x. S2CID 144517741. Lunney, M. & Oliphant, K. (2003). TortLaw: Text and...
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