Canadian Tort Law

1353 WordsJul 17, 20186 Pages
Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence. In 1972, Bird Construction Company Limited entered into a contract with Tuxedo Properties Company Limited of Winnipeg. Bird Construction was the general contractor responsible for building a 15-storey apartment building…show more content…
103). 2. ANALYSIS In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9). In Winnipeg Condominium versus Bird Construction, the tort law focused on negligence. As Justice La Forest indicated, the construction of the building resulted in a defect which presented a potential for physical damage and a possible danger to the public. While there was no mention of any involvement of an engineer as a defendant in the case, if the actions of an engineer would have been in question, then that engineer could also have been named as a defendant. However, the negligence tort was being directed primarily at the general contractor in this case. While the Manitoba Court of Queen’s Bench and the Manitoba Court of Appeal dismissed the case because they found there was not a contractual relationship between Winnipeg Condominium and Bird Construction and because there was no evidence of damage to property or person, the dismissals were overturned at the Supreme Court level. The Supreme Court ruling written by Justice

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