Preface... Introduction...

Transcription

1 Preface... Introduction... Cases... iii xi xxv Chapter 1 Torts and Law Enforcement Officials A) STRIP SEARCHES... 1 General... 1 Strip Searches and Damages... 4 Sentencing of Law Enforcement Officials for Illegal Strip Search B) SEXUAL ASSAULT BY LAW ENFORCEMENT OFFICIAL General Sexual Assault and Damages Sexual Assault and Sentencing C) PHYSICAL ASSAULT BY LAW ENFORCEMENT OFFICIALS General Tasers and the Use of Force Use of Physical Force Police Tactial Team Police Dogs Customs/Immigration Officials Use of Force D) NEGLIGENGE General Police Fatality Negligence and Victim of Sexual Assault: Special Relationship of Proximity Negligence and Victim of General Assault: No Special Relationship of Proximity Negligent Investigation Negligence, Arrest and Investigative Detention Negligence and Victim of Domestic Violence Negligence and Limitation Period xxv

2 xxvi 1E) MISFEASANCE IN PUBLIC OFFICE F) MALICIOUS PROSECUTION/FALSE IMPRISONMENT General (i) Distinguishing False Imprisonment from Malicious prosecution False Imprisonment Malicious Prosecution Limitation Defence False Imprisonment Malicious Prosecution Motion to Strike Claim Alleging Malicious Prosecution (i) Cases where motion to strike claim was dismissed (ii) Cases where Motion to strike claim was granted G) DISCIPLINARY PROCEEDINGS General Overview of Legislation for Police Disciplinary Proceedings Disclosure in General Disclosure of Police Personnel File in Criminal Proceedings Disclosure of Police Personnel File in Human Rights Proceedings Disclosure of Police Personnel File in Civil Action Complaints of Police Misconduct Overlap: Complaints of Procedure versus Statement of Claim Complaint of Police Cover-up Strip Searches and Disciplinary Proceedings H) CHARTER REMEDY Abbreviated Charter Provisions Criminal Code General (i) Civil Law proceedings (ii) Criminal Law proceedings Strip Searches and Stays in Criminal Proceedings

3 xxvii Use of Force, Other Stays and Reduced Sentencing in Criminal Law Proceedings for Charter Breach Damages for a Charter Breach Chapter 2 Torts in Sports GENERAL Common Law Negligence in Sport Vicarious Liability in Sport Liability of Instructors/Coaches Waivers and Releases School Sports Program Waivers and Minors Social Host Liability Sports Equipment Manufacturer Contributory Negligence Owner/Occupier Liability A) LIABILITY OF PROVINCE/MUNICIPALITY Sexual Abuse in Sports Swimming (i) Open Water Swimming (ii) Swimming pools Recreational Trails (i) Cross-country Skiier (ii) Cyclist Archery Range Skateboard Park Cycling and Roads Baseball Exercise Equipment B) LIABILITY OF SPORTS GOVERNING BODIES Lacrosse League/Association Hockey Basketball C) LIABILITY OF CLUBS Ski Club Golf Club Scuba Diving Club

4 xxviii Jockey Club D) LIABILITY OF COACHES/ INSTRUCTORS Hockey Martial Arts Rock Climbing Horse Riding In-line Skating Track Team Coach E) LIABILITY IN SCHOOL SPORTS PROGRAM Universities/Colleges Elementary and High School Sports F) LIABILITY FOR MINORS Martial Arts School G) LIABILITY OF PARTICIPANTS TOWARDS EACH OTHER Hockey Golf Rugby H) LIABILITY TOWARDS SPECTATORS Baseball Spectator Golf Spectator Lacrosse I) LIABILITY OF LANDOWNER Vacant Land Homeowner J) LIABILITY OF SPORTS EQUIPMENT MANUFACTURER Hockey Equipment Swing Apparatus K) LIABILITY OF RECREATIONAL FACILITY Baseball Complex L) LIABILITY OF ADVENTURE COMPANY/CAMPS/ PRIVATELY RUN FACILITIES Canoe Trip Zip Line

5 xxix Camp All Terrain Vehicle Horse Stables M) LIABILITY OF PARKS CANADA Chapter 3: Workplace Torts GENERAL Work related statutes Vicarious Liability Human Rights Law Employment Law A) PHYSICAL HARM Proper Forum Work Related Statutes: Rights to Sue Vicarious Liability B) SEXUAL ASSAULT/SEXUAL HARRASSMENT General Worker Related Statutes: Right to Sue Collective Agreement: The Right to Sue Human Rights Tribunal: The Right to Sue Human Rights Tribunal: Text Messaging Human Rights Tribunal: Reprisals by Employer Human Rights Tribunal: Mental Anguish and Sexual Harrassment Employment Law: Damages for Wrongful Dismissal and Internet Pornography Arbitration Board: Sexual Harassment, Physical Contact Employment Law: Damages for Wrongful Dismissal for Sexual Harassment and Physical Conduct Employment Law: Damages for Wrongful Dismissal for Sexual Harassment and Non-Physical Contact Employment Law: Damages for Constructive Dismissal Sexual Harassment: Disciplinary Proceedings Civil Claim for Damages for Sexual Assault Sexual Relationships between Co-Workers

6 xxx 3C) MENTAL SUFFERING/EMOTIONAL DISTRESS (BULLYING) General Worker Related Statutes: The Right to Sue D) DEFAMATION Chapter 4: Public Torts GENERAL PRINCIPLES General (Non-pecuniary) Damages Pecuniary Damages: The Causal Link Pecuniary Damages: Distinction between Loss of Earning Capacity and Lost Future Income : Past Wage Loss Punitive Damages Multiple Tortuous Causes Lump-Sum Damages vs. Structured Settlements Vicarious Liability The Discoverability Principle Breach of Fiduciary Duty Factors Considered in Quantification of Damages Deduction: Assessment of Non-pecuniary damages: Future loss assessment: Past loss of income assessment Cost of future care Fixed amount for Punitive Damages Aggravated damages A) STALKING/BATTERY/ ASSAULT STALKING General Case Law BATTERY AND ASSAULT General Case Law (i) Battery (ii) Assault Quantifying Damages

7 xxxi Affect of Criminal Guilty Plea False imprisonment, assault, intentional infliction of nervous shock Self-defence, Provocation Vicarious Liability, Occupier s Liability Insurance Company Duty B) DEFAMATION General (i) Defamation: Defined Defamation Defences Quantifying Damages (i) General Damages (ii) Aggravated Damages (iii) Punitive Damages Statutory Breach and Defamation Defamation and Intentional Infliction of Mental Suffering Defamation and Misfeasance in Public Office CASE LAW Libellous Statements about Non-Professionals Libellous Statements about Professionals Slanderous Statements about Non-Professionals Defence of Fair Comment Breach of Public Office C) INTERNET DEFAMATION General Applicability to Blogs Injunctions Statutory Breach CASE LAW Corporations Non-Professional Context Professional Context Production of Identity of Anonymous Defendants D) INVASION OF PRIVACY General Case Law

8 xxxii 4E) SCHOOL AGE CYBERBULLYING F) SCHOOL BASED TORTS General CASE LAW Assault by Teacher against Student School s Statutory Reporting Obligation Assault by Student Against Student Student Suicide Criminal Court Proceedings and School Violence Defamation, Breach of Contract and Mental Distress School Disciplinary Proceedings Human Rights Tribunal G) MALICIOUS PROSECUTION, INTENTIONAL INFLICTION OF MENTAL SHOCK, HARRASSMENT H) TORTS INVOLVING MINORS Index