Tort Actions - Revision history

Drew Jackson: /* Related topics and materials */

2018-10-13T16:38:14Z

Drew Jackson: /* Summary of the law */

2018-10-13T16:36:09Z

Summary of the law

← Older revision		Revision as of 16:36, 13 October 2018
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	== Summary of the law ==		== Summary of the law ==
	[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This lawsuit would be a tort action.		Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This lawsuit would be a '''tort action'''.

	This section introduces areas of tort law particularly relevant in consumer or debt situations.		This section introduces areas of tort law particularly relevant in consumer or debt situations.

Drew Jackson: /* Summary of the law */

2018-10-13T16:35:43Z

Summary of the law

← Older revision		Revision as of 16:35, 13 October 2018
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	== Summary of the law ==		== Summary of the law ==
	[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages.		Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This lawsuit would be a tort action.

	This section introduces areas of tort law particularly relevant in consumer or debt situations.		This section introduces areas of tort law particularly relevant in consumer or debt situations.

Drew Jackson: /* Summary of the law */

2018-10-13T16:30:15Z

Summary of the law

← Older revision		Revision as of 16:30, 13 October 2018
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	== Summary of the law ==		== Summary of the law ==
	[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This section introduces areas of tort law particularly relevant in consumer or debt situations.		Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages.

			This section introduces areas of tort law particularly relevant in consumer or debt situations.

	=== Assault ===		=== Assault ===
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	In ''Millar v. Sumo Engine Co. (Canada) (1989) Ltd.'', a bailiff, acting on the direction of a creditor who claimed a repairer’s lien over a debtor’s car, repossessed it from a locked apartment garage by sneaking in behind another tenant who had activated the garage door. The court held that the locked garage was part of the debtor’s dwelling house. Since there was no consent to entry, both the entry and the repossession were unlawful, and the court ordered the car returned. However, in [http://canlii.ca/t/1dtzt ''Shane v. Kazakoff''], the court said it was not unlawful to peacefully repossess a car from the driveway of private property.		In ''Millar v. Sumo Engine Co. (Canada) (1989) Ltd.'', a bailiff, acting on the direction of a creditor who claimed a repairer’s lien over a debtor’s car, repossessed it from a locked apartment garage by sneaking in behind another tenant who had activated the garage door. The court held that the locked garage was part of the debtor’s dwelling house. Since there was no consent to entry, both the entry and the repossession were unlawful, and the court ordered the car returned. However, in [http://canlii.ca/t/1dtzt ''Shane v. Kazakoff''], the court said it was not unlawful to peacefully repossess a car from the driveway of private property.

	The [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], section 122, prohibits bailiffs (but not sheriffs, who are exempted by the [http://canlii.ca/t/85bb Debt Collection Industry Regulation], section 2(1)) from repossessing chattels unless the debtor, a spouse, the debtor’s agent, or an adult resident in the debtor’s dwelling is present. So, if a bailiff entered a debtor’s house while no one was home and took secured goods, the debtor would have a cause of action for damages resulting from a breach of the statute. This right would likely arise in common law and certainly arises specifically under the ''Business Practices and Consumer Protection Act'', section 171.		The [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], section 122, prohibits bailiffs (but not sheriffs, who are exempted by the [http://canlii.ca/t/85bb Debt Collection Industry Regulation], section 2(1)) from repossessing chattels unless the debtor, a spouse, the debtor’s agent, or an adult resident in the debtor’s dwelling is present. So, if a bailiff entered a debtor’s house while no one was home and took secured goods, the debtor would have a cause of action for damages resulting from a breach of the statute. This right would likely arise in common law and certainly arises specifically under the ''Business Practices and Consumer Protection Act'', section 171.

	== Information gathering ==		== Information gathering ==

Drew Jackson at 16:28, 13 October 2018

2018-10-13T16:28:58Z

← Older revision		Revision as of 16:28, 13 October 2018
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	== Client problems==		== Client problems==
	* ~~Client~~ was assaulted by a bailiff who was repossessing goods.		*Client was assaulted by a bailiff who was repossessing goods.
	* Client’s car was taken from their property by a bailiff or court bailiff.		*Client’s car was taken from their property by a bailiff or court bailiff.

	== Summary of the law ==		== Summary of the law ==

Drew Jackson: /* Related topics and materials */

2018-10-12T13:52:25Z

Drew Jackson: /* Related topics and materials */

2018-10-12T13:23:46Z

Drew Jackson at 14:38, 9 October 2018

2018-10-09T14:38:06Z

← Older revision		Revision as of 14:38, 9 October 2018
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	* Client was assaulted by a bailiff who was repossessing goods.		* Client was assaulted by a bailiff who was repossessing goods.
	* Client’s car was taken from their property by a bailiff or court bailiff.		* Client’s car was taken from their property by a bailiff or court bailiff.

	== Summary of the law ==		== Summary of the law ==
	[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

Elena Renderos at 02:10, 1 October 2018

2018-10-01T02:10:57Z

← Older revision		Revision as of 02:10, 1 October 2018
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	== Summary of the law ==		== Summary of the law ==
			[[File:Consumer_Law_and_Debt_-_Tort_Actions.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This section introduces areas of tort law particularly relevant in consumer or debt situations.		Torts are civil wrongs committed by one person against another for which the law will give a remedy. Torts have developed over many centuries through common-law court decisions. Torts have some parallels with, but are separate from, criminal law. For example, intentionally hitting someone can be a criminal offence of assault, but also a tort of battery. As a criminal matter, the person committing the act may be prosecuted. As a civil matter, the person who was hit may be able to sue the person who did the hitting for damages. This section introduces areas of tort law particularly relevant in consumer or debt situations.

Elena Renderos at 19:35, 19 September 2018

2018-09-19T19:35:01Z

← Older revision		Revision as of 19:35, 19 September 2018
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	== Related topics and materials ==		== Related topics and materials ==
	See the other sections on legal actions:		See the other sections on legal actions:
	* Fraudulent Conveyances and Fraudulent ~~Preferences~~		* [[Fraudulent Conveyances and Fraudulent Preferences]]
	* Recovery of ~~Goods~~		* [[Recovery of Goods]]

	See related topics:		See related topics:
	* Bailiffs, Court Bailiffs and ~~Sheriffs~~		* [[Bailiffs, Court Bailiffs and Sheriffs]]
	* Enforcing Judgments Against ~~Chattels~~		* [[Enforcing Judgments Against Chattels]]
	* ~~Harassment~~		* [[Harassment]]
	* Recovery of ~~Goods~~		* [[Recovery of Goods]]
	* Repairers’ ~~Liens~~		* [[Repairers’ Liens]]
	* Security Agreements		* [[Security Agreements]]

← Older revision		Revision as of 13:23, 12 October 2018
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	{{Consumer and Debt Law Navbox\|type = ~~consumer~~}}		{{Consumer and Debt Law Navbox\|type = debt}}

	{{Creative Commons for PLS		{{Creative Commons for PLS

← Older revision		Revision as of 16:38, 13 October 2018
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	* [[Bailiffs, Court Bailiffs and Sheriffs]]		* [[Bailiffs, Court Bailiffs and Sheriffs]]
	* [[Enforcing Judgments Against Chattels]]		* [[Enforcing Judgments Against Chattels]]
	* [[Harassment]]		* [[Harassment by Debt Collectors]]
	* [[Recovery of Goods]]		* [[Recovery of Goods]]
	* [[Repairers' Liens]]		* [[Repairers' Liens]]

← Older revision		Revision as of 13:52, 12 October 2018
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	* [[Harassment]]		* [[Harassment]]
	* [[Recovery of Goods]]		* [[Recovery of Goods]]
	* [[~~Repairers’~~ Liens]]		* [[Repairers' Liens]]
	* [[Security Agreements]]		* [[Security Agreements]]