(b) Applicable law
 “The law to be applied in torts is the law of the place
where the activity occurred, i.e., the lex loci delecti.”4 On the
basis of the facts alleged in the statement of claim, the alleged
torts were committed in Quebec. As acknowledged by the plaintiff
in his factum in response to this court’s endorsement of October
26, 2017, “it is the civil law of Quebec that applies” in this action
(factum, para. 19).
 Quebec law is “foreign law” in the courts of Ontario. The
substance of this law is a question of fact in Ontario, to be proved
by evidence. In the absence of evidence of the substance of
Quebec law, it is assumed to be the same as domestic law (that is,
 The substance and application of Quebec law is not pleaded in the statement of claim. Thus, there are no deemed facts
respecting the law of Quebec as it applies to this action. The
claims asserted in the statement of claim are common law claims,
under the common law of Ontario. There is no evidence of
Quebec law in the supplementary affidavit filed in response to
this court’s endorsement of October 26, 2017.
 There is argument respecting Quebec law, however, in the
plaintiff’s factum. In this argument, the plaintiff notes that the
claim is governed by the Civil Code of Québec, C.Q.L.R., c. C-1991.
This court’s attention was drawn in particular to arts. 1457
(general rule of civil liability), 3 (rights to integrity of the person
and respect to name, reputation and privacy), 35 and 36 (
reputation and privacy). The plaintiff also argues that the defendant
violated his rights under Quebec’s Charter of Human Rights and
Freedoms, C.Q.L.R., c. C-12, and, in particular, ss. 4 (dignity, honour and reputation) and 5 (respect for private life), and that s. 49
of the Charter entitles him to an award of punitive damages.
 This court cannot interpret and apply the laws of Quebec,
as matters of law, in an Ontario proceeding. The plaintiff’s argument in his factum does not constitute evidence of Quebec law
before this court. Therefore, having no evidence of Quebec law
before me, I rely upon the presumption that the applicable law is,
in substance, the same as Ontario common law.
 I am aware, of course, that Quebec’s Civil Code and Charter
are different from Ontario common law. I could have noted this
and directed further materials from the plaintiff. However, I am
conscious that the claim must be approached with some eye to
4 Tolofson v. Jensen,  3 S.C.R. 1022,  S.C.J. No. 110, para. 42.