LAWG 101D1 Lecture Notes - Lecture 19: Hot Sauce, Asthma, Beverley Mclachlin
23 Jan 2018
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** won"t be on an exam this year** In the other cases we"ve looked at - the remedy has been compensation in the form of money. For the tort of nuisance, it might be an injunction to get whatever bothersome behavior is occurring to stop: after r&f, we went to physical bodily harm in the tort of battery. Harm that was tangible involving physically touching another individual: now we will look the intangible in the tort of defamation, the plaintiff has to prove the claim. The burden of proof is on the plaintiff to establish all of the elements of the claim and the con sequence. In being successful in establishing the defense you destroy the full claim. In grant v torstar corp. , chief justice mclachlin states that: "two conflicting values are at stake on the one hand freedom of expression and on the other the protection of reputation.
