On December 20, 2017, the Supreme Court of Canada (the “Court”) released Deloitte & Touche v Livent Inc., 2017 SCC 63 [Livent], a decision in which the Court refined the framework for analyzing a defendant’s duty of care in cases of negligent misrepresentation of performance of a service. This decision has far-reaching consequences for auditors, […]
Does an owner of a garage owe a duty of care to teenagers who steal and drive the garage’s serviced cars? On October 5, 2017, the Supreme Court of Canada (“SCC”) heard submissions on this unusual question in the case of James Chadwick Rankin cob Rankin’s Garage & Sales v JJ by his Litigation Guardian, […]
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 amputations as a result of complications from bowel surgery performed at Sunnybrook Hospital. Although the jury found that the hospital, three of its doctors, and […]
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 from appellate jurisprudence and the path taken by courts in the United Kingdom, New Zealand, and Australia (para 28), in holding that medical evidence is […]
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 orders, some apply them in separate steps, and others apply multiple steps at one time during their analysis. Causation, however, has always been a main […]
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 not purport to necessitate the provision of independent legal advice (“ILA”). The underlying transaction was a gift from Mr. Roth and his wife (the “Roths”) […]