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Canadian Tort Law, 9th Edition

Canadas Most Frequently Cited Treatise on Tort Law When Canadian Tort Law was first published in 1972, it became the first treatise on the law of torts in Canada. The ninth edition continues the standard of excellence achieved by each previous edition. As the treatise most commonly cited by the Supreme Court of Canada and other Canadian courts, ...



Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433463238
Publication Date: 2011-01-31
 
Price: $310.00
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    Canada's Most Frequently Cited Treatise on Tort Law

    When Canadian Tort Law was first published in 1972, it became the first treatise on the law of torts in Canada. The ninth edition continues the standard of excellence achieved by each previous edition. As the treatise most commonly cited by the Supreme Court of Canada and other Canadian courts, Canadian Tort Law has greatly influenced the development of tort law in Canada.

    Written by two of Canada's leading tort law scholars, the ninth edition answers questions for all professionals in this field. Coverage includes:

    • Detailed discussion of every facet of tort law, including intentional tort, negligence, and the Quebec law of delict - explaining the law from a uniquely Canadian perspective
    • Details of all important appellate caselaw from the last five years - keeping you current on decisions that impact how torts cases are approached
    • Simple, straightforward prose - clarifying complex theoretical issues
    • Logical organization of material corresponding to the Canadian Tort Law, Cases Notes & Materials, 13th Edition (also co-authored by Linden and Feldthusen) - streamlining your research and case preparation

    What's New in this Edition?

    • The emergence of a new duties of care in negligence law (Fullowka v. Pinkerton's of Canada Ltd., Hill v. Hamilton-Wentworth Regional Police Services Board)
    • Charter damage claims (Vancouver (City) v. Ward) - how and when can you sue for breach of Charter?
    • Tort liability of statutory public authorities (Cooper v. Hobart; Finney v. Barreau du Quebec; Odhavji v. Woodhouse ) - when will a statutory public authority be held to owe a duty of care?
    • New defence of responsible journalism in libel law (Grant v. Torstar Corporation) - what are the elements of this defence?
    • New duty for the criminal acts of others - when does this duty exist?
    • New caselaw regarding psychiatric damages (Mustapha v. Culligan of Canada Ltd.) - when is a defendant liable for psychiatric damage?
    • Further enlightenment on new theories of causation (Hanke v. Resurfice Corp.) - when does the material contribution test apply in a negligence case?

    A Thoroughly Up-to-Date Analysis for:

    • Personal injury lawyers who need a Canadian-focused account of tort law that covers multiple recent changes in the field
    • Judges who must rely on recent pronouncements by the Supreme Court
    • Law professors and students seeking a treatise that explains the current Canadian law of torts
    • General practitioners who need a quick, easy reference on tort cases, such as automobile accidents and slip and fall cases, to help them assess whether to handle or refer a case


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    Chapter 1: Introduction: The Functions of Tort Law
    Chapter 2: Intentional Interference with the Person
    Chapter 3: Defences to the Intentional Torts
    Chapter 4: Negligence: The Elements: Damage and Causation
    Chapter 5: Negligence: The Standard of Care
    Chapter 6: Custom
    Chapter 7: Statutory Violations and the Standard of Care in Negligence
    Chapter 8: Proof of Negligence
    Chapter 9: Duty
    Chapter 10: Remoteness of Damage and Proximate Cause: Extent of Liability
    Chapter 11: Negligent Infliction of Psychiatric Damage
    Chapter 12: Negligent Infliction of Pure Economic Loss
    Chapter 13: Defences to Negligence: The Conduct of the Plaintiff
    Chapter 14: Strict Liability
    Chapter 15: Nuisance
    Chapter 16: Products Liability
    Chapter 17: Governmental Liability
    Chapter 18: Occupiers’ Liability
    Chapter 19: Defamation
    Chapter 20: The Civil Law of Delict in Quebec

     

    The Honourable Allen M. Linden & Bruce Feldthusen


    The Honourable Allen M. Linden was a Judge of the Federal Court of Appeal from 1990 to 2009. Before that, he served as a Trial Judge on the Superior Court of Ontario from 1978 to 1990. A former Professor of tort law at Osgoode Hall Law School in Toronto, Canada for two decades, Mr. Linden has taught in the U.S., Australia and the U.K., and has written several books and scores of articles about torts. He continues to teach part-time at the University of Ottawa and Pepperdine University, School of Law in California. In 1965, he authored a statistical study on Compensation for Auto Accidents which led the Province of Ontario to adopt a no-fault auto insurance plan in 1969. He acted as Executive Director of the Canadian Institute on the Administration of Justice from 1974 to 1978. He chaired the Law Reform Commission of Canada from 1983 to 1990. He is co-author, with Bruce Feldthusen, of the Torts and Negligence volumes of Halsbury's Laws of Canada.

    A member of the American Law Institute, he is now participating in the preparation of the Third Restatement of Torts, helping to revise the Second Restatement of Torts which was drafted by Dean William Lloyd Prosser, his teacher at U.C., Berkeley, where he earned his Master of Laws and Doctor of the Science of Jurisprudence

    Bruce Feldthusen has been teaching and writing about tort law for thirty years, primarily in Canada, but also in the United States and Australia. He was a professor of law at the University of Western Ontario from 1977-1999, and became Dean of the Common Law Section of the University of Ottawa in January 2000. He is well known for his book, Economic Negligence, now in its fifth edition, and as co-author of the popular casebook Canadian Tort Law, Cases Notes & Materials, 13th Edition, with The Honourable Allen M. Linden and Lewis Klar. Feldthusen’s analysis of pure economic loss has been adopted by the Supreme Court of Canada and now provides the organizing framework for all negligence actions in that field. Feldthusen was the research director for the Ontario Law Reform Commission’s 1989 study on Exemplary Damages which has been cited with approval and adopted in many common law jurisdictions in Canada and abroad.

     

Products to Consider

Canadian Tort Law - Cases, Notes & Materials, 13th Edition
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. Justice Allen Linden, Dean Bruce Feldthusen and Professor Lewis Klar bring to bear a wealth of experience in the classroom and from the bench to guide students ...

Economic Interests in Canadian Tort Law
The First Comprehensive Canadian Treatise on Economic Loss This eagerly-anticipated publication was created to fill the need for a thorough, one-stop reference source on a complex, multi-faceted subject. Economic loss is often inadequately dealt with in the larger context of the law of torts. This book offers, for the first time, an in-depth look ...

Halsbury’s Laws of Canada – Torts (2012 Reissue)
This volume enumerates, defines, and explains the application of the law in Canada relating to civil wrongs. From intentional wrongs such as battery and conspiracy to nuisance, product liability and Quebec’s law of delict, this valuable volume provides a black-letter narrative of the law for everyone seeking a straightforward understanding of the subject.

The Joy of Torts
(Reprinted from Volume 17 of the Supreme Court Law Review, Second Series) Featuring contributions from a number of respected legal scholars and jurists, this collection of essays was prepared in tribute to internationally respected scholar and jurist, the Honourable Mr. Justice Allen M. Linden

 
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