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.

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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.

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Tort, Negligence, Causation, Common Sense: What might happen in 2014

An application for leave to appeal to the SCC is awaiting decision in Hansen v SulymaSCC #35556; 2013 BCCA 349. The panel is Justices Abella, Rothstein and Moldaver.

If leave is granted, the Court might clarify the meaning of the Snell proposition that factual causation is a matter of common sense.

Addendum Feb 1, 2014: Leave to appeal was denied on Jan 30, 2014.

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Breaking News & what’s in store for 2021/22?

October 24, 2013:  I’m very pleased to announce that I’m joining Vancouver’s Pacific Law Group.  This doesn’t necessarily mean Ontario judges have seen the last of my face as an Ontario lawyer; nor that I plan to stop my reasoned critiques of doings in my former home territory.  I plan to keep my membership in the Law Society of Upper Canada.

As an aside, my “timeline” seems to have significant (?) events every decade or so.  For example.

1951 – born (so I’m told and the paper work claims. I don’t remember)

1961 – broke right leg playing soccer in the fall (no hockey that winter)

1972 – law school

1981 – text (Apportionment of Fault)  is published, take year off (ahem: from practice) to work for Parliament

1982 – joined law firm where I spent the next 2 decades

1992 – played goal for Israel, in Johannesberg, South Africa, in the IIHF Group C World Championship. (I might then have been the best 41 year old, Canadian-trained, Israel-born, goalie on the planet.  If I wasn’t the best, I was the only one fit to play, available, able to travel, and who’d held Israeli citizenship long enough that I qualified to play for Israel under IIHF. )

2001 – left firm where I’d spent the last 2 decades, decided to start writing, again, about law

2012 – finished LLM, decided to take year off (from practice), decided to move to Vancouver

2013 – moved to Vancouver from Toronto, took most of the year off, returned to practice.

2021/22 – I hope to still be at least as healthy as the proverbial 60 year-old Swede (but with a better hairline).