Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

July 3, 2018

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Letting Sleeping Dogs Lie: A Risky Strategy

Stephanie Massé

Background In Nolin v. Résidence Sainte-Claire inc.[1], Ms. Nolin (“Plaintiff”) filed an action in the amount of $100,000.00 as against Residence Sainte-Claire (“Residence”) which arose out of a slip and fall, on its premises. A default judgment was rendered against...

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Who is My Neighbour? SCC Rules on Foreseeability and the Duty of Care in Tort Law

Philip A. Carson, Steve Rehak

In Canadian tort law, a duty of care requires a relationship of sufficient proximity.  That relationship is informed by the foreseeability of an adverse consequence of one’s actions, subject to policy reasons that a duty of care should not be...

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