Introduction
Historically, separate and distinct causes of action developed
within the law of torts. Suits had to be pleaded within an existing
and recognized form of action in order to succeed. This pleading
requirement was abolished by the Common Law Procedure Act
1852, the principles of which have been accepted into Canadian
provincial law. It is now only necessary to plead facts that may,
if proven, give rise to a cause of action in tort. It is not
necessary to identify or name the specific nominate tort that
constitutes the basis of the action.
In practice, we usually lay out which tort we will be leading
facts to prove. In insurance subrogation, we usually work within
the framework of negligence, but this doesn't mean that we are
limited to it when it comes to executing our subrogated right of
action. A review of some lesser known torts demonstrates the
spectrum of torts available at common law which can be useful in
advancing a subrogation claim.
