La loi vos droits

Other Infosheets - Civil Responsibility in Quebec

Civil Liability

We each have a duty not to harm other people. This duty is reflected in various rules of conduct adopted over the years. For the most part, we respect these rules without giving them a second thought. However, it is not uncommon for people to deviate from these rules of conduct. When this happens, there are consequences. This is part and parcel of being a responsible member of an organized society.

In this Infosheet, Éducaloi explains the general principles of civil liability, its scope, and the consequences for both the victim and the person who has broken the rules of conduct.

What is civil liability?

As a citizen, you have an obligation not to harm other people. A person endowed with reason who fails to respect her obligation not to hurt others can be found responsible (liable) for the damage caused to others by this failure, and be obliged to pay for the damage. Thus, if you are over 7 years of age, you will most likely be held responsible for your decisions and any faults you commit.

There are two kinds of civil liability.

First, there is what we call contractual liability. This happens when a person fails to respect an obligation that is part of a contract – whether the contract is written down or verbal.

An example would be if you bought furniture from a store for $5 000, but you didn’t make any payments.

Second, there is what we call extra-contractual liability. This is when a person fails to observe a rule of social conduct that is found in the law or usage. We are not dealing with the violation of a contract here, but rather with the violation of a duty of conduct.

For example, suppose you made repairs to an exterior wall of your home. Suddenly, part of the wall collapses into your neighbour's backyard, seriously injuring their young daughter who is playing there.

When can I be held liable?

Three essential elements must be proven before a court can find you liable and order you to repair the damage caused to another person.

• You must have committed a fault. You commit a fault if:
  
  - You fail to respect a promise you made in a contract – for example, if you don’t pay money you owe by a certain date. (Contractual liability)
  - You behave differently from the way a reasonable person would act in the same situation – for example, if you are careless in handling a firearm. (Extra-contractual liability)

• The victim must have suffered injury (damages).
  
  - To have a claim for compensation, the victim must prove that he suffered an injury. There are several kinds of injury:
  
  Material injury:
  When an objet is damaged, destroyed or simply rendered unavailable, it is a material injury. Lost wages are also considered material injuries. An example would be the cost of replacing a window that the neighbour’s child broke.
  
  Bodily and moral injury:
  This type of damage can be claimed when a person is physically hurt, wounded, the person has psychological after-effects because of an event, or when the person has experienced pain and suffering.
  
  Exemplary damages:
  Some laws like the Consumer Protection Act or the Charter of Human Rights and Freedoms allow a judge to award exemplary damages. The judge awards them in exceptional cases if she wants to punish the author of a loathsome act and if it is necessary to discourage others from breaking the law in the same way.

• The victim must prove that the fault committed caused the damage suffered.

How are material, bodily, and moral damages assessed?

The objective in civil liability is to fully repair the damage suffered by the victim. Where possible, the court attempts to return the victim to the same state he was in prior to the wrongful act.

• Material damages:
  
  Assessment of material damages usually takes into account the loss of value incurred by the property at the time of the accident or its replacement value.
  
  
• Moral and bodily damages:
  
  Compensation for these types of damage is almost always imperfect because it is difficult to return the victim to the same state he was in before the fault.
  
  Several factors must be taken into consideration when assessing these damages:
  
  -1- Costs incurred since the accident must be evaluated, including:
  -renting a wheelchair or crutches;
  -special care (e.g.: physiotherapy);
  -medication not covered by medical insurance;
  -transportation to appointments with doctors and other specialists;
  -domestic help or a nurse;
  -medical expertise needed for the trial.
  
  
  -2- The impact of the injury on income:
  -Was the victim unable to work for a period of time?
  -How much salary or income was lost as a result of the accident?
  -Did the accident cause an injury that will reduce the victim’s ability to work in the future?
  -Did the victim have to change occupations?
  
  -3- Pain, suffering, and inconveniences caused by the accident – including:
  activities, sports, and hobbies that the victim had to stop doing;
  scars; psychological damage (depression, change in personality, mental anguish).

What does the law require of me in terms of civil liability?

The law requires that you behave prudently and diligently (responsibly) so that you do not injure another person.

Despite your good intentions, however, it is impossible for you to foresee every accident that may occur. And the law does not expect you to have such foresight. In reality, your duty is limited to taking adequate care given the risks normally expected, and to taking the reasonable measures, given the circumstances, that will prevent these foreseeable risks from occurring.

Can I be liable for the actions of another person?

Yes. The status of some people can mean that they are liable for the faults committed by people under their authority. Here are some examples:

• if you have parental authority, you may be held responsible for repairing damages caused by the minor in your care;
  
• if you are a teacher, monitor, or childcare worker with temporary responsibility over minors;
  
• if you are an employer, you may be held responsible for damages caused by employees in the performance of their duties;
  
• if you are a pet owner or pet sitter, you may be held liable for damages caused by pets.

Is there a time limit within which I must institute legal action?

Yes. If you have suffered damages, you must initiate legal proceedings within the time frame stipulated by law; if you fail to do so, you will lose your right to take legal action.

In general, a person who wants to start legal action for injury or for damage to property must do so:

• within three years of the date of the accident; or
  
• within three years from the time the injury first appeared, if the injury appears gradually or subsequently.

Still, under certain circumstances the law provides for special time limits. For example, lawsuits against a municipality generally have to begin within a shorter time limit. The same is true if a person was a victim of defamation or any other threat to his reputation: he must begin legal action within one year of learning of the fault.