Territoriality and Choice of Law in the Supreme Court of Canada: Applications in Products Liability Claims

1998 ◽  
Author(s):  
Catherine Walsh
1984 ◽  
Vol 10 (1) ◽  
pp. 93-114 ◽  
Author(s):  
Jack Berman

AbstractIn Beshada v. Johns-Manville Products Corp., the Supreme Court of New Jersey held that a state of the art defense is unavailable in cases brought under a theory of strict liability for failure to warn. The court indicated that asbestos producers may be held liable for their products' harms even if the health hazards of asbestos were unknown and not discoverable when the products were marketed. In a subsequent case, the New Jersey court held that state of the art evidence is relevant to whether a product is defective. This Case Comment examines these different uses of knowledge evidence in the disposition of products liability cases. It contends that manufacturers should not be held liable for unknowable risks. The Comment concludes that the state of the art defense establishes a logical limit on strict liability and promotes efficient resolution of products liability claims.


Author(s):  
Wendy A. Adams

SummaryThe distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.


2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.


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