If you’ve been injured or suffered a loss due to someone else’s actions, you may have what is known as a tort claim. Understanding how tort claims work in Ontario can help you determine whether you are entitled to compensation.
What Is a Tort Claim?
A tort claim refers to a civil wrong committed against an individual that results in harm, loss, or injury. Unlike a breach of contract, tort claims arise when someone’s actions (or inaction) cause damage to another person, their property, or even their reputation.
Through a civil lawsuit, the injured party can seek financial compensation for the losses they have suffered and will likely suffer in the future as a result thereof.
Torts Broken Down
Liability may be established through an individual’s actions if they are negligent, intentional, or in a position to be held vicariously responsible for another’s actions.
1. Negligence
Negligence is the most common type of tort claim. It occurs when someone’s negligent actions cause harm to another person. Examples may include car accidents and medical malpractice injuries.
2. Intentional Torts
Intentional torts involve deliberate actions that interfere with another person’s rights. Common examples include assault, battery, and sexual assault.
3. Strict Liability
Strict liability applies when a person can be held responsible without proving fault. A common example is dog bite cases under Ontario law, where the owner may be liable regardless of prior behaviour.
Examples of Tort Claims
Common examples of tort claims include, but aren’t limited to the following:
- Motor vehicle collisions
- Slip or trip and falls
- Dog bites
- Medical or dental malpractice
- Brain and spinal cord injuries
- Disability claim denials
- Sexual assault
What Do You Have to Prove?
To succeed in a tort claim, you generally must prove:
- A duty of care was owed to you
- That duty was breached
- The breach caused your injury
- You suffered actual harm or loss
In simple terms, you must show that someone else is responsible for your loss and that you experienced damages.
Some claims have additional requirements. For example, motor vehicle accident claims in Ontario must meet a serious and permanent injury threshold, while dog bite claims focus on ownership and resulting damages.
What Compensation Can You Receive?
Tort claims can provide compensation for both financial and non-financial losses, including:
- Pain and suffering
- Lost income and future earning capacity
- Medical and rehabilitation expenses
- Housekeeping and home maintenance costs
- Claims for family members under Ontario law
- In some cases, punitive damages
The goal is to place the injured person, as much as possible, back into the position they would have been in had the injury not occurred.
How Long Do You Have to File a Claim?
In Ontario, the general limitation period to start a tort claim is two years from:
- the date of the injury, or
- the date you discovered (or reasonably should have discovered) the loss
However, certain claims have shorter notice requirements. For example, claims involving slip and falls due to snow or ice on municipal property may require notice within a much shorter time frame than a slip and fall on private property.
Failing to meet these deadlines can impact your ability to bring a claim.
How Do You File a Tort Claim?
A tort claim in Ontario must be filed with the Superior Court of Justice. This typically involves:
- Preparing a Statement of Claim outlining your case
- Filing it online through the Ontario Courts Public Portal or in person at a local Courthouse
- Serving the claim on the Defendant(s)
While it is possible to file a claim on your own, the process can be complex, and procedural requirements must be followed carefully.
How Can a Personal Injury Lawyer Help?
A personal injury lawyer can play a critical role in the success of your claim. They can:
- Ensure all notice periods and deadlines are met
- Investigate the incident and preserve key evidence
- Draft legal pleadings and build your case
- Negotiate with insurance companies
- Advocate for your best interests throughout the process
Having experienced legal guidance can significantly improve your ability to obtain fair compensation.
How Are Tort Claims Different from Criminal Cases?
Tort claims are part of civil law, not criminal law.
Criminal cases involve wrongdoing against society and are prosecuted by the state. In contrast, tort claims are private disputes between individuals, typically focused on financial compensation for losses.
Final Thoughts
Tort claims are an essential part of Ontario’s legal system, providing a pathway for individuals to recover compensation after suffering harm. Understanding your rights and the legal process is the first step toward protecting your interests.
If you believe you may have a tort claim, speaking with an experienced personal injury lawyer can help you understand your rights and next steps. Early legal advice can ensure deadlines are met and evidence is preserved, putting you in the best position to pursue compensation.
