The Rise and Fall of Plaintiff-Friendly Causation

Autor: Vaughan Black
Rok vydání: 2016
Předmět:
Zdroj: Alberta Law Review.
ISSN: 1925-8356
0002-4821
DOI: 10.29173/alr443
Popis: Starting about a generation ago, Canadian courts altered the rules governing causation to make them more plaintiff-friendly. However, these changes came to be regarded as misguided. In the 2012 decision Clements v. Clements, the Supreme Court of Canada modified the doctrine, reversing the plaintiff-friendly trend that had defined the law of causation for decades. This article will explore how Clements effectively curtailed the test of causation. It will do so in part by examining the impact it has had on the lower courts in subsequent years.
Databáze: OpenAIRE