Canadian tort law

For instance, pure economic loss may only lead to monetary compensation in a limited set of circumstances established by precedent; at present, these are 1) negligent misrepresentation or performance of a service, 2) negligent supply of shoddy goods or structures, and 3) relational economic loss between parties to a contract.

[12] Per the ruling in Cooper, courts in the common law province apply a two-step analytical framework based on the Anns test previously applied in England and Wales under which a court will award damages for pure economic loss where the conduct falls within the established categories established by present and, if the conduct does not fall into any established category, will then proceed to examine public policy reasons for and against the recognition of a new duty of care.

What is important to note about this particular trial is that three out of the nine Supreme Court Judges did not view the negligent tort claim as being lawful or practical because a strict duty of care towards suspects would therefore interfere with how the police operate in terms of apprehending offenders and investigating crimes.

Private law in the Canadian province of Québec at the time of its annexation by the British Empire was originally derived from pre-Napoleonic French law but was eventually codified in the Civil Code of Lower Canada and later the present Code Civil du Québec (CCQ).

Chapter III provides that "every person has a right to the respect of his reputation and privacy" and that the acts which may be considered invasions of an individual's privacy include:[29] Additionally, a person may not collect data regarding another individual without a "serious and legitimate reason", must only collect "information which is relevant to the stated objective", and may not provide such information to third parties or use it for reasons unrelated to the objective; furthermore, in the process of gathering or using such information, one may not "invade the privacy or injure the reputation" of the individual.

[30] In addition to the broad tortious liability established by these principles, the chapter also creates a cause of action for individual's to inspect and sue for the rectification of inaccurate information concerning them.

[31] This, together with the general liability established under article 1457, forms the basis for defamation and invasion of privacy as causes of action in Québec.

[32] In 1994, the Court of Appeal of Quebec held that defamation in Québec must be governed by a reasonableness standard, as opposed to the strict liability standard that was applicable at the time in the common law provinces; a defendant who made a false statement would not be held liable if it was reasonable to believe the statement was true.

[33] Later, in upholding the "responsible communication" defence in Grant v. Torstar, the Supreme Court of Canada extended this standard to the country's common law provinces as well.