MATRONA LAW
A Professional Corporation

Torts, Negligence and Duty of Care

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Torts, negligence, ET.AL

If you feel that you have been wronged and have discovered a damage, it is best to seek legal support and advise right away.  You may not think that you have a case, but, until you speak to a legal professional you may not know. The clock starts to run from the moment you discover a damage, damages, or a wrong may have been committed.  Our firm deals with negligence, duty of care, fraud cases, breach of duty of care, breach of fiduciary duty owed, and many other tort cases.  

 
 

What is a Tort? 

Tort law covers that area of law that seeks to compensate victims of the wrongdoings of others who have committed a tortious act. The compensation that flows can be in the form of damages, restitution, return of property, injunctions, and many other remedies. 

In Ontario, typically, a party has 2 years to file a claim for a wrongdoing.  After that period in time, the plaintiff may not be able to bring a claim against the wrongdoer(s) pursuant to the Limitations Act, 2002.  It is therefore, essential that a party who believes they have suffered a damage, or damages, contact a legal professional right away to assess the nature of the potential cause(s) of action.  

Running out of time is by far the most common reason why many cases do not ever get litigated. The responsibility is on the plaintiff to take the necessary steps to start a Notice of Action, or file an Action against the potential wrongdoer. 

Damage and Damages, and Cause of Action - what is the distinction? 

The Supreme Court of Canada has identified that the Limitation period starts to run when a party recognizes that a damage, or damages have been sustained. The court has identified the difference in the terminology used, using damage to refer to an actual damage that has occurred to a party, and damages denoting that a sum of money has been incurred by the plaintiff in damages, or that a dollar amount can be affixed to the damage, sustained by the conduct of the wrongdoer.    

Cause of action refers to the legal principal of a cause to sue, for example, negligence, breach of a duty of care, breach of trust, and so on. 

Parties must carefully assess whether they have suffered a damage, damages, or whether on its face, the conduct of the wrongdoer displays a cause of action capable of being brought forward to the court.  The limitation period is 2 years from the date of discovery of any of those three. 

 

negligence and Duty of Care cases

Individuals like professionals, and those with a particular licensed skill are held to a higher standard than laypeople.  You may be a victim of wrongdoing from an individual or institution that owed you a duty of care.  Conversely, negligence by lay people in day to day transactions may occur as well, causing a harm to someone that may be actionable at law. 

We have a proven track record of litigating negligence cases, bringing forward wrongdoers, and settling on our clients' behalf to compensate for losses arising out of loss of income, pain and suffering, loss of business opportunity, special, punitive and aggravated damages.  

If you feel that you have been wronged in any way, contact us for an appraisal of your case. 

 
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