Similar Wilkinson v Downton, Garratt v Dailey, Bolton v Stone, Palsgraf v Long Island Ra, Donoghue v Stevenson | ||
Bettel v Yim (1978), 20 O.R. (2d) 617 is a famous Canadian tort case from Ontario. The Court established that an individual is liable for all harm that flows from his or her conduct even where the harm was not intended.
Contents
Background
Two young men, Howard Bettel and a friend, threw lighted matches into Ki Yim's store in Metropolitan Toronto, setting fire to a bag of charcoal. Yim ran out of his store, grabbed Bettel, and shook him in an attempt to get Bettel to confess. While shaking him Yim accidentally head-butted Bettel in the nose causing Bettel serious injury.
Ruling
The Court held that Yim was liable for the consequences of his action. Citing the rule of transferred intent, the judge stated that the foreseeability rule for negligence does not apply to intentional torts.