Tagged tort law

A Science Manual for Canadian Judges. Who knew we all had to read it?

While researching for my chapter in the 2017 Annual Review Civil Litigation on the Canadian law of causation in the age of torts committed in cyberspace, I re-read the Science Manual for Canadian Judges (Manual).  A 2013 project of the Canadian National Judicial Institute, the Manual was intended to fill a much-needed lacuna in our legal system.  Most…

Wrongful Birth: An Ironic Name for a Cause of Action in the Law of Medical Malpractice

Click on the link to read my article, “Wrongful Birth: An Ironic Name for a Cause of Action in the Law of Medical Malpractice,”  The Advocates’ Quarterly Vol. 22, 1999, reprinted by On Examination, Medico-Legal Society of Toronto, Vol. 8, No. 2, 1999, 22AdvocQ102.  I have been proven wrong through subsequent case law, but I think the judicial treatment has skirted around the real moral question: when can the birth of a disabled child be considered an actionable wrong? Terms of use / Mentions légales

1% Liability: Fact or Fiction of Apportionment in Tort Law?

Click on the link to read my article, “1% Liability: Fact or Fiction of Apportionment in Tort Law?” The Advocates Quarterly, Vol 30, 2005 30AdvocQ104.  It was updated and redacted in 2007 here: civmayweb08. Putting the 1% principle to the empirical test – will it survive scrutiny?  Will you ask for your tuition back from your torts prof? Terms of use / Mentions légales