Supreme Court Law Review, Second Series, Volume 84
As the country's highest appellate court, the Supreme Court of Canada produces the nation's most authoritative jurisprudence. Since its initial publication in 1980, the Supreme Court Law Review offers a thorough analysis of key decisions by the Supreme Court, while critically examining the soundness of those decisions. This highly regarded title remains one of the top annual publications in law libraries and institutions across Canada and worldwide.
Now in its second series, the Supreme Court Law Review publishes 4-5 times a year.
This collection includes 12 papers developed out of a conference held in 2017 ("The Canadian Law of Obligations: Innovations, Innovators and the Next 20 Years") together with a Foreword by The Honourable Justice Russell Brown. The papers included in this collection examine emerging issues, themes, and controversies within the Canadian Law of Obligations and provide diverse perspectives about a range of subjects including the limits and potential development of public authority liability, affirmative duties and omissions, the role of rights in private law, the protection of privacy, good faith, and causation in contract and tort. The collected papers revisit seminal cases together with recent legal developments, and explore the potential for new approaches to old problems.
This volume is dedicated to the late Justice Allen Linden, Q.C.
Table of contents
Paper 1: Foreword – Justice Russell Brown
PART I - THE PRIVATE LAW RESPONSE TO PUBLIC WRONGS: PUBLIC AUTHORITY LIABILITY
Paper 2: Establishing Proximity in the Context of Public Authority Liability - Prof. Lewis Klar
Paper 3: Bungled Police Emergency Calls and the Problems with Unique Public Duties of Care - Prof. Bruce Feldthusen
Paper 4: False Imprisonment in the Administrative Segregation Context - Prof. Efrat Arbel
Paper 5: Systemic Wrongdoing and the Liability of Public Authorities in Tort Law: Two Case Studies - Prof. Margaret I. Hall & Aliya Chouinard, JD
PART II - AFFIRMATIVE DUTIES AND LIABILITY FOR OMISSION
Paper 6: Explaining Canada's Penchant for Affirmative Duties of Care - Prof. Erika Chamberlain
Paper 7: Negligence Liability for Police Omissions in Canada: A Golden Mean? - Prof. Alistair Price
PART III - SITUATING RIGHTS IN PRIVATE LAW: TWO PERSPECTIVES
Paper 8: Rights and Tort Law: Respecting Children's Decisional Autonomy for Medical Interventions - Prof. Elizabeth Adjin –Tettey
Paper 9: Disabusing the Common Law of "Abuse of Rights" - Prof. Bruce Pardy
PART III - PROTECTING PRIVACY IN THE 21ST CENTURY
Paper 10: Don't Tell Me What the Papers Say: Privacy Injunctions in the Internet Age - Samuel Beswick, JD & William Fotherby
Paper 11: Canada's Statutory Privacy Torts in Commonwealth Perspective - Prof. Chris Hunt
PART IV - CAUSATION
Paper 12: Material Contribution to Risk in Canada: The Most Exceptional Exception? - Lachlan Caunt, JD
Paper 13: Causation in Contract and Tort - Prof. Joost Blom
PART V - ISSUES IN CONTRACT: GOOD FAITH
Paper 14: Canada's New Good Faith: Between Public and Private - John Enman-Beech, JD