Tort Law Assignment
Todd Bertuzzi vs. Steve Moore, 2006
This is a case based off of Todd Bertuzzis action from an NHL game between
the Vancouver Canucks and the Colorado Avalanche on March 8, 2004. After failing
to instigate a conflict be
Areas that fall under federal jurisdiction:
Currency and banks
Areas that fall under provincial jurisdiction:
Public lands & forests
Rights cited and protected b
Introduction to Law
The Law and the Legal system
Law is simply the rules we develop in order to live together. Otherwise
the strongest would take what they want and the weaker would sneak up
on them at night and kill them.
Some laws are centuries old, s
Option to terminate; a prior agreement or term that if something happens
(or doesn't) you have an option to declare the contract ended
Discharge by frustration
Danger in making a contract based on an absolute promise because you
need to allow for all poss
of lower courts. The federal system is similar and sitting at the top is the
Supreme Court of Canada which has the power to overrule any lower
Therefore if a lower court judge in Ontario makes a new decision ( a
precedent and that gets approved by
Vicarious liability owners are responsible for the actions of the
employees if something happens while you are on the clock
Statute Law you have to be aware of
- Occupier Liability act
- High way traffic act
Reasonable foreseeability (Common S
1. At a specified time i.e. agreement for sale of land will say- this offer
is open for acceptance until 5 pm on Tuesday the 12th of Feb. if not
sooner revoked. If the offer has not been accepted and that
acceptance communicated to the offering party wit
If fraudulent or negligent material misrepresentation, courts will rescind
and award damages. Sometimes party will claim the misrepresentation
was an actual term of the contract not just a representation that induced
a party to enter the contract. If the
Note you can only assign what you own i.e. you assign a debt for 500.00
to me but 200.00 has already been paid. You only own 300.00 and that is
all you can validly assign.
If you have received an assignment of rights under a contrac
Many trades and professions have specific licensing requirements
Advantages: fast and cheap, can be tax benefits, i.e.: use of loss from
SP to lower other income tax liability, can be converted to corporation
Disadvantages: unlimited personal liabi
Need to give notice
Employers usually do not sue based on this
o Go out and find a new job not go on a trip to Cuba
Employee consent can operate as dismissal i.e. downgrade or shelve
Agency; is a relationship where one party (the principal) usually the
business appoints another person (the agent) to act on their behalf for
purposes such as contracts.
Agents are commonly used by businesses
A corporation though it is a legal person mu
The same person can be the only shareholder, the director, the president
and the secretary-treasurer that person can also be an employee and a
creditor and this is the way many small corporations are set up.
Setting up a Corporation
Corporations may be p
Common Law/ Statutory Powers of Sale
Sheriff authorized to sell goods seized under Writ of Execution
Innkeepers have the right to sell goods to satisfy outstanding charges.
Pawn shop owners can sell goods to satisfy lien
Courts have a discretionary power
Creates a freehold lasting for the lifetime of the person named in the grant.
Cestui que vie - use of the grantees life as the measuring life (To my
mother for as long as she lives)
Pur autre vie - use of anothers life as the measuring life. (
Where intention is not apparent Sales of Goods Act provides rules to
determine when property has passed
Legislation is only considered when the contract provisions are not sufficient.
Sale of Good Act rules
In a contract for:
in a deliv
off between assignor and debtor. (p.69)
Principle: Assignee subject to defenses arising from original contract or setoffs existing at time of assignment. Notice terminates any further
arrangements between Assignor and debtor.
Look at Chapter 9.
Removed within reasonable time.
Removed without damage to property.
Accession: (Firestone Tires Case)
Two chattels are joined together. Property accrues to owner of principal
chattel (generally the one of greater monetary value)
Courts will consider
Nature of the property
Number of parties
Absence or disability of a party
Any other relevant circumstance
Each co-owner entitled to use, enjoyment and possession. Entitled to profit
from individual industry (fructus industr
Extent of Fee Simple
Mines & Minerals
Check original grant for reservations.
Right to explore and exploit subject to statutory reservations.
Right to lateral and subjacent support.
Lateral: No damage to support of neighboring lands
Torrens system provides certainty of title
Mirror - State guarantee that registered documents mirror the status of title
at any given time.
Curtain - Look no further to investigate history of title.
Insurance - State provides insurance t
Contract in writing
Signed by Purchaser and Seller
Description of Property
Terms and Conditions
Purchaser holds equitable title, seller, legal title.
Legal title passes when price paid.
Agreement assigns risk of loss to vendor until clo
Particular right to particular person for particular time.
Does not pass to subsequent land holders.
Profits a pendre:
Right to enter land of another to take some product or profit from the soil.
(plant, minerals, timber, wild animals, fish, oil
Private: onus on plaintiff to establish unreasonable interference
Nature of the harm
Duration of the nuisance
Character of the neighborhood.
Public: widespread effects
Action brought by Attorney General
Interests in Land Other Than Estates:
COMPETION & ENVIRONMENTAL LAW
1-Canadian competition legislation attempts to:
a-promote federal businesses and hurt provincial businesses
b-eliminate competition in business
c-reduce competition in business
d-preserve and protect competition in business
Everyone in Canada
Everyone in that Province
Everyone in the city
International and Interprovincial Trade
LAW 2205 WINTER 2013
1-The Rule of Law means:
a-Federal laws have more authority than provincial laws
b-The Charter of Rights and Freedoms is the supreme law is Canada
c-Nobody is above the law
d-Everybody has equal access to a lawyer
e-Everybody is innoc
LAW 2205 WINTER 2013
QUIZ # 2 WORTH 10%
1-The burden of proof in a tort case is
a-on a balance of possibilities
b-beyond a reasonable doubt
c-on a balance of cause
d-on a balance of probabilities
e-beyond a probable doubt
2-The goal of tort law is to:
The provincial and territorial
Canada is a federation, which means it is a system in which the functions of
government are divided between two or more levels: a national government and
provinces or states. In Canada's case the federation is ma
The Municipal governments
The municipal government is organized simpler than the federal and provincial
levels. There arent separate legislative and executive branches, and there isnt a
separate governing group like a Cabinet. Instead, all governing respo