Tort Law in Canada

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Canadian tort law is rooted in the English common law received by the provinces and territories at Confederation. While Parliament and the provincial legislatures retain the power to abolish or modify torts by statute, the basic framework is judge-made. Over the past half-century, the Supreme Court of Canada has developed a distinctly Canadian approach to tort liability, departing from English and American precedents in significant respects. The result is a body of law that balances corrective justice, deterrence, and compensation within a framework that reflects Canadian constitutional arrangements and social values.

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Tort Law in Canada

Introduction