“Imaginative Reconstruction of Reality”: Problems with Causation in Sacks v Ross
On October 5, 2017, the ONCA released its decision (2017 ONCA 773) on an appeal for a negligence claim made by Jordan Sacks, a man who suffered septic shock and...
Category: Negligence
SCC Makes Promising Move Towards Destigmatizing Mental Harm, But Will Saadati Unleash the Spectre of Indeterminate Liability?
In its June decision, Saadati v Moorhead, 2017 SCC 28 [Saadati], the Supreme Court of Canada (“SCC”) made a ground-breaking decision on psychiatric injury, moving in a bold direction away...
Benhaim v. St-Germain: Tort Law 101 and Causation
In first year law school, we learn the seven parts of a tort claim: volition, duty of care, standard of care, harm, causation, remoteness, defence. Some learn these in different...
Lawyers Beware: Roth Estate v Juschka and the Need for Independent Legal Advice in the Context of Family Transactions
Roth Estate v Juschka, 2016 ONCA 92 [Roth] is a case where the circumstances under which advice was given to family members in the context of a share purchase did...
