This book explores: Ontario’s significant changes to the definition of “automatic catastrophic impairment” for children; the issue of discrimination based on geography, and the effect it has on children who are left with inadequate accident benefits coverage; the differences between public and private auto insurance regimes; the regimes currently in place in each province, including the administration, benefits and right to proceed with a tort lawsuit in each jurisdiction; and the inconsistencies in the auto insurance regimes throughout Canada and offers solutions that will ensure consistency across the country.
The Duty of Care in Negligence by James PlunkettThe historical foundations of the duty of care
Methods for determining the existence of a duty of care
Notional duty I : general principles
Notional duty II : theoretical issues
Comparing the duty methodologies of Australia, Canada, and the UK.
This legal treatise provides a comprehensive review of this often confusing and misunderstood area of the law of public and private nuisance and strict liability, as applied and articulated in Canadian cases. The source provides commentary and analysis of jurisprudence, offering a coherent overview of the topic and clarifying the law. Guidance is given to determine whether a cause of action may exist and the chances of success in pursuing it. As well, the source identifies the potential types of nuisance that may assist clients such as advocacy and special interest groups in furthering their goals.
Torts and Other Wrongs by John GardnerTorts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on privatelaw. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tortadjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.
The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims.