Your search
Results 69 resources
-
Margaret A Somerville, 1981 26-4 McGill Law Journal 740, 1981 CanLIIDocs 103
-
Both academics and judges share the general opinion that the question of remoteness of damages cannot be resolved in a rule-governed manner, that is to say by the applications of a test. We disagree with this conclusion. We propose a test in terms of foreseability of damages which reconciles the leading decisions of The Wagon Mound (No. 1), The Wagon Mound (No. 2) and Hughes v. Lord Advocate. We have analyzed almost all the remoteness issues and have found that the test conforms with ninety percent of the past decisions, consequently we should be able to predict the outcome of remoteness issues with only a ten percent error. If courts consciously adopt our version of the foreseeability test, the margin of error could drop even further.
-
The traditional requirement of proof of causation on a balance of probabilities is being challenged, in cases ranging from toxic pollution to medical negligence, by tort plaintiffs whose success depends on acceptance of "probabilistic" rather than "particularistic" evidence based on epidemiological and other statistical data falling below 50% probability. Courts in various jurisdictions have experimented with devices such as reversal of onus of proof against negligent defendants, recognition of mere risk of injury as a cause of action and damages proportioned to the degree of probability or chance. Recent pronouncements by the House of Lords oppose this trend.
-
Linguistic rights in New Brunswick have progressed since the enactment of the Official Languages of New Brunswick Act of 1969. The Canadian Charter of Rights and Freedoms has caused the entrenchment of some linguistic guarantees in the Constitution and has provided for judicial enforcement. Collective rights have also been given legislative sanction through the passing, in 1981, of An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick, and new legislation to replace the 1969 Act has now been proposed in a recent government-sponsored study.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
This article seeks to verify the commonly formulated assertion to the effect that the citizen, the resident and the foreigner have in Canada substantially the same rights. Doing so, it goes through the constitutional and ordinary law of the land in order that the consequences of each of the three status be identified and assessed.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
Explore
Resource type
Topics
- Evidence (1)