Canadian Tort Law Essay

1925 words - 8 pages

Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence.
In 1972, Bird Construction Company Limited entered into a contract with Tuxedo Properties Company Limited of Winnipeg. Bird Construction was the general contractor responsible for building a 15-storey apartment building using the plans designed by Smith Carter Partners, the architects who also had a contractual agreement with Tuxedo Properties (Herschorn, 1996, p. 109). Bird Construction then subcontracted the masonry work to Kornovski & Keller Masonry Limited. The project was completed in 1974. Subsequently, in 1978, Winnipeg Condominium Corporation assumed title of the building and converted the apartments to condominiums (see Figure 1).
In 1982, Winnipeg Condominium discovered issues with the Tyndal stone on the outside of the building. After consultation, they did some remedial work in an attempt to correct the problem. However, in 1989 a large section of the stone fell off the building from the ninth storey. Winnipeg Condominium then replaced the entire exterior at a cost of over $1.5 million (Herschorn, 1996, p. 110). In 1990, Winnipeg Condominium proceeded to take legal action against Bird Construction, the general contractor; Smith Carter Partners, the architects; and the masonry firm of Kornovski & Keller, seeking restitution for the cost of removing and refinishing the exterior of the building.
As the case proceeded through Manitoba courts, the defendants argued that they were not contractually liable because Bird Construction did not enter into a contract arrangement with Winnipeg Condominium. Bird Construction also argued that it was not liable under tort law because, since there was no damage to property or person that resulted from the fall of the stone, Winnipeg Condominium’s costs were pure economic loss, not recoverable under tort law (Godfrey, 2014, p.4). In other words, because there was no harm to property or person, the $1.5 million spent by Winnipeg Condominium to repair the facade of the building was their responsibility and not the responsibility of the general contractor.

As the case continued to proceed, the Manitoba Appeals Court decision was to dismiss the claim because there was no contractual agreement and felt there could, therefore, be no liability in tort so the case was dismissed. Winnipeg Condominium then moved to the Supreme Court of Canada. The Supreme Court felt that the Manitoba Appeals Court erred in their decision based on D & F Estates Ltd. versus Church Commissioners...

Find Another Essay On Canadian Tort Law

The Common Law of Employment Essay

607 words - 3 pages The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in

Violence in Contact Sports Essay

2257 words - 9 pages eighty hours of community service as well as one year probation that prohibited him from competing in any hockey games that Steve Moore was already in. Under Canadian law, Bertuzzi's successful completion of his probation acquitted him from a criminal record. Moore expressed disappointment regarding Bertuzzi's discharge and was upset that he was unable to attend the court date; a victim`s statement was written instead. The following year

Overview of Canadian Trademark Law

1256 words - 5 pages trademarks can either be registered under the Act, or safeguarded by a common law action called “passing off.” Passing off is a crucial mean of protecting a registered trademark through section 7(b) and 7(c) of the Act that deliberates the tort of such a regulation ("Canadian trademark law"). Both statutes ensure the protection of not only trademarks but also certification marks, distinctive marks, proposed marks, service marks, and

Becoming A Lawyer

1737 words - 7 pages you want to practice in the States, this is a good way to go about it. However, the competition to get into the top-rated law schools in the States is ferocious and exceeds by far the competition to get into Canadian law schools. The advice that most people give surrounding applying to US law schools (as there are so many), is to apply to a few "sure-thing" schools, a few schools were you would probably get in, a few where you would probably not

Medical Malpractice

1717 words - 7 pages The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a 'common calling' which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the

The Melting Pot and Liberty: The Relationship Between Rule of Law and Shari'ah Law in a Multicultural Society

3512 words - 14 pages to determine how this fits into the Canadian legal system. There are key ideological differences between the philosophically based Rule of Law and the religiously based Shari'ah as part of the Islamic Koran. Although there are proponents and adversaries to both concepts, neither can be supposed correct without first examining each conviction as it applies to Canadians. Furthermore, the political theory surrounding each model has its own

media law on privacy

2151 words - 9 pages The law surrounding privacy has stayed on a rather unstable path. Following the Human Rights Act 1998 coming into force, it is still emerging with considerable uncertainty in the law of confidence. So far, the common law has not recognized an enforceable right to privacy as a cause of action per se. In English law, there was no tort or civil wrong on the invasion of privacy. Hence, there is no absolute right to keep personal information

The basic principles of alternative dispute resolution

4367 words - 17 pages applicable to other types of disputes? Law may be categorized in a variety of ways, depending on how one wishes to analyze it. For purposes of this section, let us consider law under the categories enumerated by Corley, et al (2001, pp. 10-11): Private Law, including Contract Law, Tort Law, and Property Law Public Law, including Constitutional Law, Administrative Law, and Criminal Law.The most intuitive application of ADR lies in the realm

Legal Commentary on Negligence

1520 words - 6 pages General Motors does not meet the aforementioned standards of care to the ultimate consumer, than General Motors can be sued by the owner of the vehicle (plaintiff) under tort law for negligence and/or contract law for a breach of contract. Furthermore, General Motors may also be found liable in its failure to meet the duty to warn of a continuing nature. However, the scope of the paper limits the analysis exclusively to establishing negligence

International Law

2387 words - 10 pages activities conflicts and contradictions can normally arise. 1 International Law includes the basic, classic concepts of law in national legal systems - status, property, obligation, and tort (or delict). It also includes substantive law, procedure, process and remedies. International Law is rooted in acceptance by the nation states which constitute the system. International law is a crucial aspect in international trading and it is mainly

The Problem of Silicon Breast Implants

2381 words - 10 pages contributing factor that cannot be stressed enough is the miss-use of scientific data, and deliberate use of false and phony data as evidence in courts, along with both judges and jurors inability to understand and disseminate the difference (Worthington et. al. 159). Experienced tort lawyers seized upon this and other shortcomings of our legal system to exploit for maximum financial gain. As Nocera and Goldblatt point out: “The mass tort

Similar Essays

Tort Of Negligent Investigation Essay

1182 words - 5 pages native Canadian during photographic identification procedures and it became a standard investigation procedures. Moreover, if the standard of care to suspect protect suspect’s or even criminal’s privacy information, then release Mr. Hill’s photo to the media also can be a negligent investigation. Since Mr. Hill was put in prison for more than 20 months and it was caused by the negligent investigation, then a tort of negligent investigation may

Intentional Torts In Professional Sports Essay

2027 words - 9 pages in the crosshairs of the rules, regulations, and policies of the given sport and are at the mercy of civil laws as well. This brings up tort law, in which someone unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. Within this paper, I will cover past, present, and potential future issues regarding tort law in the professional sports industry. This information is valuable

Bug, Inc. Paper

1052 words - 4 pages agencies and therefore warrant just as many reasons as there are available to protect their "trade secret". According to the Uniform Trade Secrets Act, it is legitimate for BUG, Inc. to sue Canadian based WIRETAP for misappropriation and present criminal charges against Steve for the theft and copyright infringement. The violation of the Espionage Act is punishable by law of criminal penalties and punitive damages fine of up to $10 million per act as

Reform Malpractice Laws To Create True Healthcare Reform Introduction

1710 words - 7 pages for issuing not only personal health insurance, but also physician liability insurance through the Canadian Medical Protective Association (CMPA). The liability insurance includes representation in court by the CMPA who is aggressive in defending physicians against malpractice claims. Canadian law also places a cap on general damage awards at around $100,000 (CAN), and requires the losing party to pay for the bulk of the winner’s legal fees