LSO Barrister Tort Law 3

Question 1

In Jones v Tsige 2012 ONCA 32, the Ontario Court of Appeal recognized the tort of intrusion upon seclusion. Which of the following correctly states its elements?

Accepted Answer

Intentional or reckless invasion of the plaintiff's private affairs without lawful justification, where a reasonable person would regard the invasion as highly offensive, without requiring proof of actual damage

Answer

Intentional intrusion into private affairs, a reasonable person would regard it as highly offensive, and proof of actual pecuniary damages

Answer

Negligent disclosure of private information causing reputational harm

Answer

Publication of private information to a third party causing financial loss

Question 2

In defamation law, the defence of responsible communication on matters of public interest (recognized in Grant v Torstar Corp 2009 SCC 61) requires the defendant to prove:

Accepted Answer

The publication concerned a matter of public interest and the defendant was diligent in verifying the information

Answer

The defamatory statement was true

Answer

The statement was made on a privileged occasion with no malice

Answer

The statement constituted honest comment on a matter of public interest based on true facts

Question 3

Which of the following correctly sets out the elements of the tort of negligent misrepresentation as established in Hedley Byrne & Co Ltd v Heller & Partners Ltd?

Accepted Answer

A special relationship giving rise to a duty of care regarding statements, a negligent misrepresentation, reliance by the plaintiff, and resulting damage

Answer

The defendant intended to mislead the plaintiff by making a false statement

Answer

A fiduciary relationship between the parties and a misrepresentation causing pure economic loss

Answer

A fraudulent misrepresentation and actual financial damage suffered by the plaintiff

Question 4

In Ontario tort law, which of the following activities by a municipality would most likely attract immunity from negligence liability under the operational/policy distinction?

Accepted Answer

A bona fide policy decision not to install guardrails on rural roads due to budget constraints

Answer

Negligent repair of a road the municipality had decided to maintain

Answer

Failure by a municipal worker to fill a pothole after it was reported

Answer

Negligent operation of a municipal vehicle during road maintenance

Question 5

In the tort of battery, which of the following must the plaintiff prove?

Accepted Answer

Intentional, direct, harmful or offensive contact with the plaintiff without consent

Answer

Intentional harmful or offensive contact, actual physical injury, and the defendant's fault

Answer

Negligent contact causing foreseeable physical harm to the plaintiff

Answer

Both the intent to cause harm and actual physical injury resulting from the contact

Question 6

The ex turpi causa (illegality) defence in Ontario tort law, as articulated by the Supreme Court in Hall v Hebert [1993] 2 SCR 159, bars a claim where:

Accepted Answer

There is a sufficiently close connection between the plaintiff's illegal conduct and the claim such that allowing recovery would be contrary to public policy

Answer

The plaintiff was engaged in any illegal activity at the time of injury, regardless of the connection to the tort

Answer

The defendant was also committing an illegal act, making neither party entitled to relief

Answer

The plaintiff's illegal conduct contributed to their injury and reduces damages proportionately

Question 7

Under the Ontario Family Law Act, RSO 1990, c F.3, s. 61, which of the following claims may be made by an eligible family member when a person is injured by a tort?

Accepted Answer

Claims for loss of care, guidance and companionship, and for expenses actually incurred as a result of the injury or death

Answer

A claim for loss of consortium at common law only

Answer

A direct negligence claim against the tortfeasor in the family member's own name

Answer

A claim limited solely to funeral and burial expenses where the injured person dies