The SCC’s recent decision in Holland v. Saskatchewan, 2008 SCC 42 is not a surprising one; it falls in line with the established position in Canadian jurisprudence on governmental liability for negligence. (For a summary of the case, read TheCourt.ca’s summary here.) The fact that the government can only be sued for “operational” negligence and [...]

Mr. Holland is a game farmer and is also a class action representative who was trying to make fundamental changes to the relationship between the public and private spheres, as it pertains to splitting the burdens of ultra vires government action. In Holland v. Saskatchewan, 2008 SCC 42, one aspect to the statement of claim utilized [...]