With an OverDrive account, you can save your favorite libraries
for at-a-glance information about availability. Find out more
about OverDrive accounts.
Designed as an introduction for tort law students, this book offers a probing analysis of basic concepts and an examination of the everyday human problems that this area of law addresses. The Honourable Allen M. Linden and Professors Lewis N. Klar and Bruce Feldthusen bring to bear a wealth of experience in the classroom and from the bench to guide students through this fundamental aspect of the Canadian judicial tradition.
Features of This Book
Select extracts of caselaw and articles – present leading examples of judicial opinion, academic thought and competing theories about the value and impact of the law of torts
Open-ended review questions – provide students with the opportunity to explore and discuss remedies provided to injured parties
Up-to-date jurisprudence – ensures that students are exposed to the latest trends
What's New In This Edition
Updated and reorganized introductory chapter with separate modern rights-based theories, civil recourse theory, and functional approaches including compensation, deterrence, and education
More emphasis has been given to the important distinction between direct and indirect harm recognized in Canada but not in the UK or USA
New developments in actions for psychiatric harm are noted as well as the emerging expansion of tort law to govern harassment, public disclosure of private facts, and wrongs like torture and slavery recognized in international law
Important developments to the law governing duties of care in negligence have emerged following the Supreme Court's decision in Livent v Deloitte & Touche. In particular, an undertaking by the defendant intended to induce reliance by the plaintiff that was emphasized in Livent has been solidified as the foundation for proximity in negligent misrepresentation, especially in 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 (S.C.C.) and Charlesfort Developments Limited v. Ottawa (City), 2021 (Ont. C.A.)
A subtle shift by the Supreme Court to a rights-based approach to duty of care in Livent and Maple Leaf Foods is examined, as well as the indirect overruling of Winnipeg Condominium in Maple Leaf Foods. Whether the full novel duty first step duty analysis has become far more likely than the Cooper court probably intended is explored
The substantial change in British Columbia away from tort law to no-fault insurance for automobile insurance is examined
Who Should Read This Book
Tort law students seeking an explanation of the latest Canadian laws on torts
Tort law professors to help assist in teaching Canadian tort law courses
Tort law practitioners who need a Canadian-focused account of tort law that covers recent changes in the field
Law libraries looking to expand their legal collection
