Canadian Tort Law, 11th 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 eleventh 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 incumbent author Bruce Feldthusen, three new leading scholars of Canadian tort law have added their expertise – Erik Knutsen on causation, Margaret Hall on nuisance and Hilary Young on 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, 15th Edition (Linden/Klar/Feldthusen) – streamlining your research and case preparation
What's New in this Edition
- Chapter 2 – new discussion of directness with respect to interference with the Person
- Chapter 3 – new case law discussion of consent with regards to “intentional” torts, including new analysis on consent in the medical context and defense of public necessity.
- Chapter 4 – new analysis of the law of causation as it relates to complex, multi-casual injuries; new discussion of causal inferences with reference to the recent Supreme Court of Canada Case of Benhaim v. St-Germain
- Chapter 5 – new discussion of exceptions to the reasonable person standard in Negligence cases
- Chapter 6 – new analysis on the Modified Duty of Care Framework stemming from Cooper vs. Hobart and Edwards vs. Law Society of Upper Canada; Duty to Confer Benefits: Nonfeasance and Misfeasance; Duty to Rescue; and Alcohol-Related Affirmative Duties.
- Chapter 7 – new analysis of remoteness of damage and foreseeability, including discussion of new Supreme Court of Canada cases dealing with remoteness and foreseeability such as Rankin (c.o.b. Rankin’s Garage & Sales) v. JJ, as well as new discussion of “thin skull” cases and cases involving intervening acts (such intentional and criminal conduct).
- Chapter 8 – Substantially revised chapter on negligent infliction of mental injury taking into account recent Supreme Court of Canada decisions Mustapha v. Culligan of Canada Ltd and the 2017 decision Saadati v. Moorhead which have profoundly shaped tort law’s response to mental injury.
- Chapter 9 – discussion of the influential 2017 Supreme Court of Canada decision Deloitte & Touche v. Livent Inc. (Receiver of) on its impact with respect to the negligent infliction of pure economic loss, including indicia which can be used as a guide for the recognition of a duty of care, and other new cases on reasonable reliance.
- Chapter 10 – Defences to Negligence: The Conduct of the Plaintiff includes new discussion concerning voluntary assumption of risk, including the narrowing of the definition of volenti and new case law on illegal conduct on the part of the plaintiff.
- Chapter 11 – A new analysis of strict liability including the scope of Rylands v. Fletcher.
- Chapter 12 – New examination of how aspects of both public and private nuisance, and the principle from Rylands and Fletcher, have been clarified through decisions in a number of appellate court cases such as Smith v. Inco Limited, Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc, and George v. Newfoundland and Labrador.
- Chapter 13 – updated analysis of defences to product liability and the special category of “inherently dangerous things and abnormal use”.
- Chapter 14 – new discussion on government negligence liability and Charter damage claims.
- Chapter 15 – discussion of new cases on the scope of occupier’s liability including public property adjacent to occupier property and waiver of liability cases.
- Chapter 16 – substantially re-written chapter on defamation, including new discussion on libel vs. slander, fair comment, remedies, and new developments with anti-SLAPP cases, privacy torts and cyberbullying legislation.
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 Functions of Tort Law
Chapter 2: Direct and Intentional Interference with the Person
Chapter 3: Defences to the Intentional Torts
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 Infliction of Pure Economic Loss
Chapter 10: Defences to Negligence: The Conduct of the Plaintiff
Chapter 11: Strict Liability
Chapter 12: Nuisance
Chapter 13: Products Liability
Chapter 14: Governmental Liability
Chapter 15: Occupiers' Liability
Chapter 16: Defamation