Conversely, a crime is an act that is considered injurious to the public or society as a whole. In Canada, this act is under the control of the state in the courts.
A tort is a non-criminal, private, civil wrong against a person or property for which a lawsuit can be brought to recover damages. As Torontonians, we know our criminal from our civil.
With this understanding, we’re able to equip our clients with sound counsel and advocacy as they traverse these complicated legal waters.
What Is a Crime in Canada?
When we talk about crime in Canada, we’re dealing with actions – or sometimes failures to act – that break the rules set out by Parliament. These are not mere beatable tickets or private civil wrongs. Unlike civil wrongs, crimes offend the public good and threaten the safety or order of our communities.
The strict guidelines that govern these actions largely derive from the Canadian Criminal Code. This criminal code law book criminalizes everything from petty theft and common assault to more serious offenses such as murder. We can’t just focus on what occurred – but rather, why it occurred. We must look at who was perpetrating it, who it was against and the motivation of the crime.
Defining Criminal Acts Here
Criminal law in Canada is very specific. For something to count as a crime, the act has to be voluntary and intentional. We call the mental part of this “mens rea.” If someone accidentally bumps into another person, that’s not a crime.
If they meant to hurt someone and their actions were against the law, then it becomes a criminal matter. The Canadian Criminal Code lays out clear rules about what’s illegal. It covers everything from driving while impaired to more complex crimes like fraud or drug trafficking.
We see every kind of case come through our doors, from minor summary conviction offences – like causing a disturbance – to indictable offences such as aggravated assault. Some crimes known as hybrid offences can be treated as either, depending on the facts and the Crown’s approach.
The Crown Steps In
The first thing that distinguishes crime from torts is who is bringing suit. In tort law, the injured party is the one to initiate proceedings. In criminal law, it’s the Crown that steps in.
The government, not the victim, has an interest in the prosecution of crime. Crimes are understood as offences against society at large, rather than against specific victims. Until now, the Crown’s job has been to prove, beyond a reasonable doubt, that the accused is guilty.
This is an incredibly high bar and goes a long way in protecting all Canadians’ rights. Our Canadian Charter of Rights and Freedoms guarantees us the treatment we deserve, like the right to remain silent and the right to a fair trial. Every person charged with a crime is entitled to these protections, and it’s our responsibility to fight for them at each stage.
Focus: Punishment and Public Safety
Crimes in Canada are not solely about providing restitution for damage caused. Focus: Punishment, Deterrence, and Public Safety. Penalties vary widely, from fines and mandatory community service to incarceration.
Canada’s Youth Criminal Justice Act sets out different rules for young people. In the other direction, the Corrections and Conditional Release Act prescribes exactly how sentences are to be served, and when and how individuals can be released.
The law still allows for certain defenses such as self-defense and mental incapacity. Each individual case is important. What we’re learning Our experience leaves us eager to find the right way forward for our clients.
What Is a Tort in Canada?
A tort in Canada is a type of civil wrong that violates an individual’s private rights, as opposed to violation of a criminal statute. The term “tort” is derived from the Latin for “wrong” or “crooked thing.” A tort is a civil wrong, not arising from a contract, that causes someone else to suffer harm.
This harm is not due to the commission of a crime, but rather the breach of a civil obligation. This damage may be tangible, monetary, or personal. Canadian tort law follows English common law traditions. This is because much of it is the product of judicial rulings rather than just codified statutes.
While each province and territory has the authority to supplement their own rules, the core principles are present throughout the country.
Defining Private Wrongs Here
Unlike public wrongs, the focus of torts is to protect private interests. If you slip on an icy walkway because the storekeeper didn’t shovel his walk, that’s a private wrong. Likewise, if your co-worker starts a nasty whispering campaign about you, that too is a private wrong.
They are not the same as the government prosecuting someone, as in a criminal matter. Instead, tort law covers many areas: negligence (like car accidents), intentional harm (like assault or defamation), strict liability (such as injuries from faulty products), and economic loss (such as business interference).
As a plaintiff’s bar with decades of collective experience, we’ve witnessed the bleak aftermath of clients injured by dangerous products or negligent drivers. Tort law provides them with an important avenue for justice.
One Person Sues Another
In a tort action, the injured party (the plaintiff) brings suit against the wrongdoer (the defendant). It’s a private lawsuit, not a criminal prosecution on behalf of the state. One person sues another.
Person A, the plaintiff, might sue Person B, the defendant, for instances such as injury from a broken stair. Whether you are the original manufacturer, distributor, or retailer, you can be found liable if your product injures somebody.
Our dedicated team has consistently prevailed in hundreds of cases across the country. We know how important it is to get fast answers and assistance to your clients.
Focus: Compensation for Harm
The overarching purpose of any tort claim is to make the injured party whole again. Its primary purpose is to restore them to the status quo before the harm happened. That is accomplished by compensating them.
In these cases, courts only consider the harm caused and award compensatory damages. These damages, called special damages, include reimbursement for medical expenses and lost wages. Non-compensatory damages such as aggravated or punitive damages are awarded when the defendant’s conduct is so egregious.
In most cases, plaintiffs must file a claim within two years. This period is not uniform across Canada. Our commitment is to guide clients through each step, making sure their case is strong and their rights are respected.
Key Differences: Crime vs Tort
Back here in Toronto we can observe the law clearly delineating between crimes and torts. Our courts penalize these two types of cases in markedly different ways. This difference affects nearly every step of the legal proceedings.
Having spent more than two decades helping folks understand and navigate both sides, we can assure you, the devil is in the details. Below, we explain the key differences to clear things up.
1. Who Starts the Case?
In a tort, the injured person brings the case. They prosecute on behalf of all of society, not just an individual victim. The police investigate, and if they believe a crime occurred, charges are filed.
With torts, it’s the person who got injured – the tort plaintiff – who initiates the action. They bring a claim, often through a lawsuit in civil court, against the individual or entity that they allege caused that harm. For instance, if a person is injured on an icy sidewalk, they could sue the negligent property owner for a personal injury tort.
2. What’s the Main Goal?
In contrast, the goal of crime cases is to punish and deter harm to society at large. The court can impose imprisonment, a monetary fine, or other punishment.
In torts, the aim is to make whole whatever was done to the injured party. Typically, this involves a monetary payment to compensate for damages such as lost wages or pain and suffering.
3. What Needs Proving? (Burden)
What’s at stake in criminal court? In criminal court, the Crown has an arduous task. They have to prove guilt “beyond a reasonable doubt.
That’s a very steep hurdle to overcome. For torts, the plaintiff must show the other party was at fault “on a balance of probabilities” – that means it’s more likely than not.
4. Required State of Mind (Intent)
Intent is another key difference. Crimes typically require some form of guilty mind (mens rea). The defendant must have intended to violate the law or shown disregard for others.
For torts, intent is a more lax requirement. Sometimes mere negligence – such as failing to shovel an icy sidewalk – is all that is required.
5. Who Suffered the Harm?
Difference No. 4 – Who Suffered the Harm? Torts are about harm to a private person or corporation.
This distinction is crucial in understanding the nature of the legal action being pursued.
6. What Are the Consequences?
The consequences of crimes can include jail time, fines, or a criminal record – tangible, life-altering penalties.
Unlike crimes, torts typically result in the wrongdoer compensating the victim with money. This compensation is meant to address the specific harm caused.
7. How Society Views the Act
Society has an interest in crimes as acts that threaten social order, safety, and general welfare, thus the response is severe.
Torts are viewed as private matters between two people, thus the court’s job is to figure out who is liable and how much compensation they should pay.
How Canadian Legal Systems Handle Each
When we compare how Canadian legal systems treat criminal acts versus torts, the divergences begin immediately and continue steadfastly. Take a walk into any courtroom, and the contrast that courts draw between criminal charges and civil claims becomes crystal clear. This distinction has a profound impact on each successive step that is taken in the case.
As a firm with over two decades in criminal courts, we have seen how these systems directly affect people’s lives – whether they’re facing the weight of a criminal trial or sorting out a dispute over property or personal injury.
Criminal Court Procedures Overview
In Canada, when an individual is charged with a crime, the state – through the Crown – prosecutes. The stakes could not be higher – freedom, reputation, and sometimes livelihood are all at risk. We help our clients navigate each step of the way.
It starts with arrest and bail hearings, then disclosure, pre-trial motions, and ends with the trial itself. It is a formal process, and each stage is subject to strict rules intended to safeguard the rights of the accused. For instance, the law states “innocent until proven guilty” with the burden of proof on the prosecution.
We fight tooth and nail for our client’s rights at every step, disputing evidence and cross-examining witnesses. Our extensive experience in both Canadian and U.S. Courts provides us with a unique and winning advantage. We know when to pressure the prosecution’s case for its weak points, and we’re not afraid to do it.
From petty theft to attempted murder, we approach each case with the same philosophy – protect the client from an unfair result. In criminal matters, Canadian law does not allow for “no-fault” outcomes. The outcomes are strict: acquittal, conviction, or sometimes a plea deal.
Civil Court Procedures Overview
Torts, as an example of civil cases, take a different path. These are private disputes between individuals or corporations – imagine a car accident, a slip-and-fall, or a defamation suit. In this case, the one bringing the suit is called the plaintiff. Their aim is to make the person who suffered the damage whole again.
Canadian courts take a very flexible approach to this, particularly where property is concerned or where there are multiple jurisdictions. Property disputes are decided according to the law that governs the property where it is located. Courts may consider foreign law when a tort is committed outside of Ontario.
Unlike U.S. Civil litigation practices, several provinces have implemented no-fault insurance for automobile accidents. If someone else injures you, you have the right to seek compensation for your injury. Finally, it doesn’t even matter who caused the crash.
Simultaneously, Canadian courts are pushing the use of alternative dispute resolutions such as mediation or arbitration. These methods resolve disputes outside of the courtroom. We’ve had clients avoid needless stress and time away from their businesses by choosing these paths.
Comparative negligence is an important provision. For example, if you’re 20% responsible for an accident, your payout is reduced by 20%. While this method seems more equitable, it can become quite complicated very quickly. Punitive damages are treated with caution by the courts. They want to deter without being excessive when individuals or entities behave egregiously.
Rights You Have Differ Greatly
The rights you have differ greatly depending on whether you are in criminal or civil court. The rights you receive vary significantly. In a criminal trial, the accused has a number of rights. They have the right to stop talking, get help from their lawyer, and request a prompt trial.
That’s why we ensure our clients understand and actively exercise these rights from day one. In civil cases, it’s much more informal. The burden of proof, on the other hand, is much lower. You need to provide only enough evidence to demonstrate that something probably occurred, not to establish it beyond a reasonable doubt.
Now victims in both systems receive greater consideration through government victim assistance programs and courtroom victim support services. The path to justice and the tools available to you vary drastically based on which court you find yourself in.
We draw on our expertise to help our clients navigate each world while always keeping a sharp eye on which path leads to the best outcome.
When Actions Overlap: Crime and Tort
Counterintuitively in Toronto, it only takes one bad act to put somebody in both criminal and civil court. Despite what you might expect, this overlap is not an uncommon occurrence, and our years of practice have taught us how this overlap plays out. The key is often in who you know.
It is not relevant what the act was, it only matters who was harmed and how the law chooses to respond. These cases test us to the limits to draw upon every ounce of our knowledge. We regularly represent clients as they fight criminal charges and civil claims at the same time.
Assault: A Common Example
Assault is a common example of this overlap. This crime-tort overlap is easily perceived – if not in bar fights, home disputes, or neighborhood arguments. In criminal court, assault is a crime because it harms public order and is prosecuted by the Crown.
In civil court, that same act is called a tort. It creates an injury to a person which gives that person standing to sue for damages. So if you punch someone in a bar fight, you can be criminally prosecuted. Moreover, they could be found liable for damages in a civil lawsuit.
We’ve now fought both sides of the ugly coin, where our clients have been falsely accused of crimes. They counted on us to protect their liberty and their economic prosperity.
Can One Act Be Both?
Can one act be both? Litigating against a potential tort/crime overlap can be complex. The OJ Simpson case in the U.S. Is a cautionary tale. Although the criminal court acquitted him at trial, the civil court found him liable for wrongful death.
This shows how different standards apply: criminal courts look for guilt beyond reasonable doubt, while civil courts use a balance of probabilities. In Canada, the English merger rule occasionally tips the balance in favor of criminal law supremacy when both liabilities are present.
As noted legal scholar Jerome Hall contended, it is “misleading to assert that the injuries are the same.” Crimes and torts differ in the types of damages available. Torts require that harmful effect on a particular person; crimes may only require violating a proscriptive law.
Why Pursue Both Cases?
Victims are usually motivated to pursue both because they serve different purposes. Criminal law is meant to punish and deter, whereas tort law is intended to put the injured party back in their original position.
We advise clients of the limitations of a criminal case to recover damages for them or clear their name. The required mental state, or mens rea, varies – torts can be based on negligence, while crimes usually need intent or recklessness.
Unintentional torts occur when a person acts negligently, but does not act with gross criminal intent.
Real Consequences Matter to You
When you’re staring down an enforcement action, what comes next is not an abstract idea. Real consequences matter to you. Whether it’s a criminal indictment or a civil case, the judgment sticks with you. In Toronto, the importance of identifying these distinctions extends far past legal terminology.
More importantly, it’s about protecting your credibility, your pocketbook, and your serenity. Join us as we first unpack what consequences look like in criminal and tort cases. Realizing all of this matters to your daily life.
Impact of a Criminal Record
Impact of a Criminal Record That’s the real world effect that a criminal record has, in ways that extend far past a courtroom. From our experience, no matter the conviction, clients are always surprised to learn that one conviction can shut doors for years.
It can shut the door on your job offers and keep you from being able to rent in whole cities. It can upend your plans to visit the U.S. Or Europe. If you’re charged with a serious charge such as assault or impaired driving, this stigma does not just go away.
We’ve served hundreds of Torontonians who needed to battle for a second opportunity after a fleeting slip-up. In a tort case, the compensation is all that matters. An underlying criminal conviction may result in jail time, probation or strict bail conditions.
The emotional toll – both on you and your loved ones – can be devastating. In our work, we find these tangible, real consequences are what motivate people to treat their defence with the urgency it deserves. We have been with 24/7 support and decades of tested success, which is why we are prepared to go.
Financial Stakes in Tort Cases
Second, financial stakes in tort cases are real and consequential. Here, the clear priority is getting compensated. If someone brings a defamation or negligence suit against you, you are typically looking at substantial monetary stakes.
These may be medical expenses, lost income, and compensation for emotional distress. We’ve dealt with cases where one misstep resulted in six-figure tort lawsuits. The stakes aren’t any lower, they’re just different.
There may not be the risk of imprisonment, but your financial bottom line, reputation and entire business may suffer. Tort law, at its core, is about making people whole, not punishing defendants.
We understand that the sting from losing money that was rightfully earned in the private sector is not only perceived as worse than a criminal conviction – it’s much worse. Financial stakes in tort cases are about more than the payout. They hurt your credit, your reputation in your community, and your peace of mind in the future.
Why Understanding Matters Daily
Understanding the distinction between a crime and a tort allows you to make better decisions and be more safe and effective on a daily basis. In our collective decades of advocacy, we’ve watched communities thrive when they know what’s at risk.
When people grasp that real consequences – whether jail or financial loss – follow from their actions, they tend to think twice, learn, and move forward wiser. This understanding creates accountability, not only to the statute, but to every single decision you design.
Toronto’s fast pace and diversity, while enriching, can be daunting. Remaining unambiguous about these legal realities protects you, your family, and your enterprise.
Common Mix-Ups and Why They Hurt
Knowing the distinction between a crime and a tort. This distinction has serious implications in terms of the outcomes for real Torontonians and Greater Torontonians. In this work, the many times we see how a small mix-up can really make a person vulnerable. Legalese and jurisdictional differences can muddy even the clearest cases. This tangled mess of regulations more times than not makes a simple mistake the basis for an expensive education.
Before we get into the nitty gritty, here’s how these frequent mix-ups can endanger your rights and your future.
Misinterpreting Your Situation’s Risks
When we go out to meet new clients, most of them are confused and scared about their situation. They tend to misidentify their claim as a crime or tort, sometimes both. Such misinterpretations can result in missed deadlines, misguided strategies, or worse – complete forfeiture of rights.
For example, a person in Toronto who has property damaged may not know if they should call the police or file a civil lawsuit. Whether someone can recover damages and how much they can recover depends on where the harm occurred and what type of harm it is. Property law operates under the rules of the jurisdiction in which the property sits.
By contrast, tort claims are governed by the statute of repose of the jurisdiction where the injury or damage took place. The consequence of this common misstep is a battle waged in the wrong forum or according to the wrong standards. This common mix-up can lose you your case before you ever get to court.
The rules are strict and often feel draconious. When courts rely on outdated legal justifications, it is often to their detriment. Otherwise, they run the risk of inadvertently applying laws that have no tangible relation to the individual actors in the case. We’ve watched this lead to outcomes that have the whole world wondering what on earth happened.
For accident victims, it’s even more dire. They will never be made whole if the liable party doesn’t have any money or insurance to pay. This “damages lottery” further complicates, confuses, and burdens the process.
Missing Chances to Protect Yourself
Ignoring the distinction between crime and torts is an opportunity to ignore a serious opportunity to uphold your constitutional rights. In the U.S., nearly half of all monetary settlement from personal injury claims goes to paying attorneys. Further, it is applied to court costs. This is in part due to the fact that the entire system is confusing, and mix-ups waste time or make folks miss out entirely.
Here in Canada, we’ve seen situations where a misguided legal ruling deprived individuals of an opportunity to receive appropriate compensation. This has left them ill-equipped to mount a proper defense. The more understandable and straightforward the rules are, the more likely they’ll be successful.
Strict liability for certain acts and good knowledge of comparative negligence can mean the difference between winning and losing. In contrast, fewer lawsuits occur in places such as Japan, in part because the system is more transparent, so individuals are aware of what to expect.
Mix-ups don’t just hurt your wallet. They can undermine faith in the rule of law. If you don’t know which law you should be following, it can be intimidating. Without a clear guide as to who’s to blame, you might find yourself thoroughly baffled.
That’s why we’re passionate about providing our clients with a better path forward. We’re the rulebreakers, we’re the court breakers, and we know what works here in Toronto.
What To Do If Involved
When we come upon a situation which may entail a crime or tort, next steps are important. What you do in the moment can change everything. The Canadian legal system makes it very clear that the two are entirely separate. In practice, that line can easily get lost.
We know this is a confusing and very stressful time. This is true particularly here in Toronto, where the rules and expectations vary depending on the Crown and courtroom for each case. From our attorneys at the Jeffrey I. Reisman Firm, we’ve seen and dealt with everything. We’ve handled major criminal indictments on a national stage and negotiated corporate disagreements that start with an innocent misstep.
Signs You Need Legal Advice Now
It can be hard to tell when you need an attorney. Often folks think an issue is merely a personal grievance. Next, they are surprised to see police at their door or to get court papers in the mail. If a party claims you’ve caused them damage – be it direct injury, loss of income, or unintentionally – this is a major sign.
When the police ask to speak to you, or you are served with a summons or complaint, it’s time to call. Misunderstandings often turn into major violations. More often than not, they lead to criminal charges or a civil lawsuit. Even if you think you’re innocent, the law is gonna outta its mind on that one.
Here, moving quickly to obtain counsel can prevent years of anguish and expense. We engage with folks who just never imagined that they would be facing a court. That’s our work – to ensure that you’re not doing it alone.