Category: Scholarship
Factual causation in tort: Necessary reading for Canadian lawyers and jurists
Just published in the 2014 Supreme Court Law Review: Russell Brown, “Cause-in-Fact at the Supreme Court of Canada: Developments in Tort Law in 2012–2013” (2014) 63 SCLR (2d) 327.
Added June 13, 2014: For those who don’t know, Russell Brown is now Mr. Justice Brown of the Alberta Court of Appeal.
Added Feb 11/14 June 13, 2014: I’m going to discuss the article in some detail over the next month or two eventually.
I quote portions of the introduction and the conclusion in the next screen.
When I Use A Word …
At some point this year, I might have the fortune to attempt, again, to explain the current state of Canadian tort causation law to a class of law students.
I’ll point out, again, that if one attempts to parse the statements of principle in the cases, they too often not don’t make sense. Or they’re not consistent with statements in other recent cases at co-ordinate levels. Or they’re not consistent with supposedly binding decisions of a superior court.
I’ll emphasize, again, that somehow trial and appellate judges (and juries), more often than not, make a decision that’s defensible on the evidence.
Something is fishy, here (BC sockeye; Ontario carp)
The text speaks for itself, right?
Or is it that some judges are listening, but not hearing, because (metaphorically) the speakers are wearing brown shoes?
Sloppy proof-reading in reasons for judgment
doesn’t help to engender respect.
Or anything else useful.
Or alleviate confusion that shouldn’t exist.
Or … [insert appropriate term.]
When it results in a misstatement of law that’s so egregious that we have to assume the judge(s) responsible for it know better.
“Scraping The Surface”
Anyone looking for my circa 2008, web-only, extended meanderings on aspects of the causation question
“CAUSATION IN CANADA IN THE THIRD MILLENNIUM: NOTHING IS NOW ENOUGH”
aka “SCRAPING THE SURFACE: THE CONSEQUENCES OF RESURFICE CORP. V HANKE, 2007 SCC 7”
(Resurfice status 2008 rev 16, July 1, 2008)
can now find it at either link: here or here.
It’s no longer available online elsewhere, to my knowledge. If you know otherwise, please tell me.
Bear in mind that parts of it have been made obsolete, for now, by subsequent case law.
The 4th Monkey Still in Abstenia 