Understanding Torts: Types, Defenses, and Cases

1. TortsChapter 15p. 441

2. 2 types of Torts • 1) unintentional – negligence • Already looked at many such as a bartender’s duty of care, or a homeowner with slippery stairs. • Now we focus on: • 2) Intentional – key word: ‘intent!’ • A) Trespass to the person • B) Trespass to land • C) Nuisance • These can be both criminal and civil matters

3. Trespass to the person orintentional interference with the person • 1) Assault and Battery • 2) Sexual Assault • 3) Professional (Medical) Battery • Arthur v. Wechlin (Handout)

4. Trespass to another Person • 4) False Imprisonment • confining or restraining a person without their consent in a specific area • The plaintiff must attempt every reasonable means of escape before they can sue for this. • 5) Malicious Prosecution • Abusing court process in order to torment someone without a real wrongdoing • 6) Mental Suffering/Harm • Mental anguish resulting in emotional stress/illness • 7)Invasion of Privacy

5. Trespass to Land p. 450 • The act of entering or crossing another person’s land without permission or legal authority • Intent is to “go on” the land. • Innocent trespass is still trespass and they are liable • ‘Reasonable’ force may be used to remove the person from the property

6. Nuisance p. 451 • Involves one person’s unreasonable use of the land that interferes with the use and enjoyment of adjoining land by others • The harm must be serious and continue for some time. • Public nuisance affects the use and enjoyment of public property – protesting, polluting, oil spills,

7. Defences for Trespass • Consent • Self-defence • Defence of others • Defence of property • Legal authority • Necessity

8. Necessity • This simply means that the tresspass or the nuisance was necessary to avoid a greater evil/harm. • In many instances, defence of others, or property, or public interests are the necessities. • There are exceptions that fall outside of the other parameters and are therefore deemed as ‘necessity’. • The reasonable person test would apply here in determining what is necessary.

9. Write your own notes • Defences to interference • Pg 453-456 • Ensure that you have them down enough in order to apply them, know them for a test, or exam.

10. Defamation of character • A false statement that damages another person’s reputation and may cause financial loss. • Intentional or unintentional • Plaintiff must prove the following: • 1) The words used by the defendant were false • 2) The words referred to the plaintiff • 3) The words were read or heard by a 3rd party • 4) The words caused economic loss • The meaner the remarks the more serious the tort

11. Slander & libel • Slander-defamation through spoken words, sounds, gestures, or facial expressions • Libel – when someone Is defamed in a more permanent visual or audio form (politics?) CASE: A former Toronto Liberal candidate has launched a $1.5 million defamation lawsuit against Liberal Leader Justin Trudeau and the federal party's provincial co-chair, David MacNaughton. (april 2014) http://www.sunnewsnetwork.ca/sunnews/politics/archives/2014/04/20140414-212916.html

12. Defences to defamation • Truth - Prove that the statements were true • Absolute Privilege – society’s interests are being served through open debate – ex. Parliament, courts, coroners • Qualified Privilege – when someone is qualified to make comments – teachers, employers – letter of reference (does not work if malice is involved • Fair Comment – media critics (malice rule)

13. Work for review purposes • Pg 463 Q# 1, 2, 3, 7, 8 ( knowledge & facts) • Pg 463-464 Q# 9, 10, 11 (deeper thinking) • Case: WTC Radio Ltd v. Simpson (2008) p.466

14. Case Work • 3 of 6 - Berketa v. Niagara Police • 4 of 6 - F. H. v. McDougall • 5 of 6 - Skobleniuk v. Eaglestar • 6 of 6 – Nitsopoulos v. Wong • In class discussions: • McNeil v. Brewers • Sage v. Renner • Minet v. Kossler