intentional torts negligence and strict liability in tort

• E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia, [2005] 3 S.C.R. 45, 2005 SCC 60, 2005 SCC 60 (2005)

...Torts - Vicarious liability - Intentional torts - Sexual...The discipline was strict and harsh, and children were ordered to obey all s... Oblates were also directly liable in negligence. 18 In the result, the trial judge concluded that ...

• Supreme Court of Canada

• Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., [1997] 3 S.C.R. 1210 (1997)

...Torts -- Duty to warn -- Manufacturer and supplier -- Fi...Torts -- Contributory negligence -- Fire on oil drilling rig causing major damage r... them, which states that "Builder's liability with respect to the Owner Directed Supply shall ex... limitation and exclusion clauses are strictly construed against the party seeking to invoke the ... where the tort committed was not intentional, and there was no malicious motivation: see e.g. G...

• Supreme Court of Canada

• Accountability of public authorities through contextualized determinations of vicarious liability and non-delegable duties.

... employer is not vicariously liable for the torts of non-standard workers unless the delegated work ... liability on the federal Crown for negligence of its servants in the course of their work. Vicar... to trigger vicarious liability for intentional and often criminal wrongdoing. The enlightened con... of vicarious liability, a form of strict liability, in the predominantly fault-based modern...

• University of New Brunswick Law Journal
• Nbr. 57, November 2007

• London Drugs Ltd. v. Kuehne & Nagel International Ltd., [1992] 3 S.C.R. 299 (1992)

...Torts -- Negligence -- Duty of care -- Transformer being... can benefit from limitation of liability clause in contract of storage between employer and... by him alone unless it is due to the intentional or grossly negligent conduct of the employee. Anot... application of contractual clauses to strictly limit KNI's tort and contract liability for proper...

• Supreme Court of Canada

• Non-Marine Underwriters, Lloyd's of London v. Scalera, [2000] 1 S.C.R. 551, 2000 SCC 24, 2000 SCC 24 (2000)

... -- Policy containing exclusion for intentional acts of insured -- Whether insurer has a duty to ddefend. Torts -- Intentional torts -- Battery -- Evidence -- Bur...Unlike negligence, where the requirement of fault can be justified b..., like the one in this case, excludes liability arising from intentionally caused injuries, there ..."negligent"; or (3) that the tort is one of strict liability, i.e. legally presumed fault. On a pract...

• Supreme Court of Canada

• Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5 (2010)

...Torts -- Negligence -- Duty of care -- Territorial gover... the general principles that tort liability is personal and fault-based. Nor do considerations... and W's determination to commit an intentional, criminal act. To the extent that the judge requir... it identified do not function as strict legal categories, but as factors that can lead to ...

• Supreme Court of Canada

• Miazga v. Kvello Estate, 2009 SCC 51 (2009)

...Torts -- Malicious prosecution -- Crown prosecutors -- M..., the malice element ensures that liability will not be imposed in cases where a prosecutor pr..., inexperience, honest mistake, negligence or even gross negligence. [78][80-81][85][89]. In ... of public law, subject only to the strict application of the doctrine of abuse of process. [... existed no evidence indicative of an intentional effort by Miazga to abuse or distort the Crown att...

• Supreme Court of Canada

• South Yukon Forest Corporation c. Canada, 2010 FC 495 (2010)

... alternative, SYFC sought damages for negligence, negligent misrepresentation, breach of fiduciary ... is right, then, should there be liability on the part of the respondent, the appellant may b... respect to the causes of action advanced in tort by LPL, I will consider the availability of that d...I also find that the Defendant intentionally chose to proceed with this inadequate RFP for no p... of defence put the appellants to the strict proof thereof, it was reasonable for the responden... example from Professor Fleming ( The Law of Torts (8th ed. 1992) at p. 193), a "fire ignited in a wa...

• Cour Fédérale

• Haj Khalil v. Canada, 2007 FC 923 (2007)

... damages arises from the defendant’s negligence and the infringement of their sections 7 and 15 ri... in the Refugee Convention or at risk of torture or cruel and unusual treatment or punishment. An e...Liability was found to be established and damages were award... was removed for refugees in 2000); (2) the strict requirement for identity documents which affected ... misfeasance in a public office is an intentional tort. Its distinguishing elements are two fold: (i... prove the other requirements common to all torts: Odhavji at para. 32. The tort must be pleaded. Th...

• Federal Court

• South Yukon Forest Corporation v. Canada, 2010 FC 495 (2010)

... alternative, SYFC sought damages for negligence, negligent misrepresentation, breach of fiduciary ... is right, then, should there be liability on the part of the respondent, the appellant may b... respect to the causes of action advanced in tort by LPL, I will consider the availability of that d...I also find that the Defendant intentionally chose to proceed with this inadequate RFP for no p... of defence put the appellants to the strict proof thereof, it was reasonable for the responden... example from Professor Fleming ( The Law of Torts (8th ed. 1992) at p. 193), a "fire ignited in a wa...

• Federal Court