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Civil Claims and Family Violence

18 bytes added, 19:59, 27 November 2023
Introduction to tort law claims
Tort claims for family violence can overlap with family law issues. They can be the subject of a lawsuit on their own, or they can be combined with a lawsuit brought under the ''Divorce Act'' or the ''Family Law Act''. While the ''Divorce Act'' or the ''Family Law Act'' do talk about family violence, in the context of children's parenting arrangements, protection orders and conduct orders, neither act provides financial compensation for the effects family violence. That is what tort claims are for.
==Introduction to ''claims under tort law'' claims== The word ''"tort'' " comes from the Latin word for "wrong" or "injustice. " ''Tort law'' covers things like personal injuries, motor vehicle accidents, negligence, assault and battery, trespass, and more. A tort is a breach of a duty someone owes to another, such as a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole someone might fall into. Not all harmful actions are torts. It's crucial to talk with a lawyer to see if harm done to you is a tort.
Most tort claims come from the ''common law'', which means the vast majority of them developed over the decades, or even centuries, as courts have recognized the need for new kinds of legal claims to address problems in society. For this reason, tort claims are not based on legislation, unlike specific family law claims in the ''Family Law Act'' or ''Divorce Act'', or the crime laws of the ''[https://canlii.ca/t/7vf2 Criminal Code]''. That said, some torts are ''statutory torts'' that are written into legislation. One example is the claim for ''violation of privacy'' under the provincial ''Privacy Act'', which defines specifically what the tort of violation of privacy is.