What is a "tort"?

What is a "tort"?

It is not a desert. Academics debate about how to define the term "tort". The word "tort" is derived from the Latin word tortus which means "wrong". Un "tort", in French, also means a "wrong". In general terms, a tort refers to the principles in law which allow an injured person to seek compensation from someone who acted wrongly and caused injury. A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or their property. A tort is a civil law matter, not criminal. There is a legal expectation that persons will conduct their behaviour in such a way so as to not cause others injury. If the behaviour is wrong and causes injury to others, that person will be held liable for the injured person’s injuries.

The main purpose of tort law is for the wrongdoer to provide compensation to the person who suffered a loss or injury as a result of the wrongdoer’s behaviour. The aim is not to punish the person who is responsible, but for equity to prevail, specifically, compensation for the injured person. Simply put the wrongdoer should compensate the injured person and this ordinarily means paying a sum of money.

In Ontario, tort law comes from the common law (judge-made law) and statutes (see Occupier’s Liability Act, Dog Owner’s Liability Act and Insurance Act as examples). If you have been injured as a result of someone else’s wrong, negligent or bad behaviour, contact us to determine (on a free consultation basis) whether or not you are entitled to damages. Plant Quinn Thiele LLP, Accident and Injury Lawyers, Ottawa, Ontario. 613-563-1131.