Canadian Tort Law, 12th Edition
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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 twelfth 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.
The text has been updated and in places substantially re-written to reflect changes in tort law in the past few years. In addition to long-time author Bruce Feldthusen, Erik Knutsen, Margaret Hall and Hilary Young have returned for this edition. They bring expertise in particular on causation, nuisance and defamation. Coverage includes:
- Detailed discussion of every facet of tort law, including intentional torts and negligence – 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, 16th Edition (Linden/Klar/Feldthusen) – streamlining your research and case preparation
What’s New In This Edition
- Revised Introductory chapter, distinguishing between the increasingly influential rights-based corrective justice approach and the standard functional approach to tort law
- Two new chapters, separating the previously titled section on Direct and Intentional Interferences with the Person, to better reflect the unique aspects of Canadian tort law
- Discussion of new developments in the law of negligence with respect to causation and remoteness
- Discussion of the influence of the Supreme Court of Canada’s Livent decision, including:
- Its rights-based approach to negligent misrepresentation and the clear definition of proximity based on the defendant’s undertaking and the plaintiff’s justifiable reliance thereon
- Consideration of Livent’s influence beyond misrepresentation, especially with the clear adoption of the rights-based approach in Maple Leaf Foods
- Analysis of the preference expressed in Maple Leaf Food for contractual loss allocation over negligence law, and the apparent over-ruling of Winnipeg Condominium in the same case
- New chapter on Land Torts, bringing together Nuisance (previously dealt with in a separate chapter), the rule from Rylands v. Fletcher (previously dealt with in a chapter on strict liability) and new section on Trespass to Land
- New chapter on Vicarious Liability, including a brief discussion of tort liability for damage caused by animals
- Discussion of potential shift in negligence law narrowing the scope of liability of public authorities, driven by legislation and common law
- Discussion of expanding privacy torts and torts related to online conduct, including harassment
- Expanded analysis of anti-SLAPP laws in the chapter on Defamation, including British Columbia's new legislation and the Supreme Court of Canada addressing Ontario’s anti-SLAPP legislation for the first time
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
- Lawyers involved in litigation & 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
Table of contents
Chapter 1: Introduction: The Nature of Tort Law
Chapter 2: Direct Interferences with the Person
Chapter 3: Indirect Interferences with the Plaintiff
Chapter 4: Introduction to the Elements of Negligence: Damage and Causation
Chapter 5: Negligence: The Standard of Care and its Breach
Chapter 6: Duty
Chapter 7: Remoteness of Damage and Proximate Cause: The Scope of Liability
Chapter 8: Negligent Infliction of Mental Injury
Chapter 9: Negligent Inflictions of Pure Economic Loss
Chapter 10: Defences to Negligence: The Conduct of the Plaintiff
Chapter 11: The Land Torts: Trespass to Land, Nuisance, & The Rule From Rylands v. Fletcher
Chapter 12: Vicarious Liability
Chapter 13: Governmental Liability
Chapter 14: Defamation
Chapter 15: Occupiers’ Liability