Chapter 12: Other Torts
Tort and Property Uses
Occupier: Someone who has some degree of control over land or building on that land
o An enterprise is an occupier, whether it is the owner, tenant, or temporary provider of a service.
o It is easily possible for there to be more than one occupier for a given space.
Occupiers’ liability: Liability that occupiers have to anyone who enters onto their land or property
o In Newfoundland, Quebec, and Saskatchewan, retained as common law.
o Other provinces have occupiers’ liability legislation.
o As a common law: Liability of the occupier is determined by classifying the visitor, each of whom is owed a
different standard of care.
contractual entrant: Any person who has paid for the right to enter the promises
Duty owed is a warranty that the promises are as safe as reasonable care and skill on the part of
anyone can make them
Invitee: Any person who comes onto the property to provide the occupier with a benefit
Duty owed is a warning of any unusual danger of which he knows or ought to know
No requirement to warn of usual or common danger that ordinary reasonable persons can be
expected to know and appreciate
Licensee: Any person whose presence is not a benefit to the occupier but to which is no objection
Responsible for any unusual dangers of which they are aware or have reason to know about.
Blurring between invitee and licensee is justifiable
Trespasser: Any person who is not invited onto the property and whose presence is either unknown to
the occupier or is objected to by the occupier
Liable for any act done with the deliberate intention of doing harm to the trespasser
Extremely low duty. But, when the trespasser is a child, the court may interpret them as licensee.
o As a legislation
Created to replace the obtuse common law of occupiers’ liability by a general duty of care based on the
neighbour principle set down in Donoghue v Stevenson
High duty of care is owed to entrants who are on the property with express or implied permission
Tort of nuisance: Any activity that on an occupier’s property that unreasonably and substantially interferes with the
neighbour’s right to enjoyment of the neighbour’s own property (intentional or unintentional)
o Requires the following guidelines:
Intrusions must be significant and unreasonable
Nuisance typically does not arise where the intrusion is only temporary.
Not all interests are protected by tort of nuisance.
In nuisance actions, courts will consider the trade-offs in interest. When the noise in question is
reasonable and for public good, the action in nuisance will fail.
Trespass to land: Wrongful interference with someone’s possession of land
o Arises due to:
A person comes onto the property without the occupier’s express or implied permission
A person comes onto the property with the occupier’s permission, but is subsequently asked to leave.
Any person who refuses to leave becomes a trespasser.
A person leaves an object on the property without the occupier’s express or implied permission
o Important for resolving boundary disputes, protecting property, and privacy rights
o Actionable without proof of harm or damage. If damages are suffered, they are recoverable. Torts from Business Operation
Torts involving customers
o Assault and battery
Uncommon in the business context
Contact need not cause actual harm, though it must be harmful and offensive
Damages is the most common remedy
o False imprisonment: Unlawful detention or physical restraints or coercion by psychological means
Occurs most often in retail