What is a tort in Ontario law and how is it different from a breach of contract?

A tort is a civil wrong — not a breach of a contractual obligation — that entitles the harmed person to claim damages from the wrongdoer. The most common tort in Ontario civil litigation is negligence. Other recognized torts include trespass, nuisance, defamation, fraud (deceit), and intentional infliction of mental suffering.

Negligence requires proving that the defendant owed you a duty of care, breached that duty by failing to meet the standard of a reasonable person, and that the breach caused you a loss that was reasonably foreseeable. Proving negligence does not require any prior agreement between the parties.

Breach of contract, by contrast, arises from a specific agreement. The defendant is bound by the terms of the contract, and a breach occurs when they fail to fulfill those terms. You do not need to show carelessness — a deliberate, voluntary failure to perform is still a breach.

Sometimes the same conduct can give rise to both a contract claim and a tort claim. For example, a contractor who performs defective work may be liable both for breaching the construction contract and for negligence. In Ontario, you can often plead both causes of action in the same lawsuit and see which is more advantageous at trial.