scholarly journals Some Recent Developments in the Law of Limitation of Actions, Concurrent Liability and Pure Economic Loss

1969 ◽  
pp. 388
Author(s):  
W. S. Schlosser
Keyword(s):  
Supreme Court ◽  
Economic Loss ◽  
Supreme Court Of Canada ◽  
Short Term ◽  
Pure Economic Loss ◽  
Practical Matter ◽  
The Supreme Court ◽  
Recent Developments ◽  
Limitation Of Actions ◽  
Future Path

Two recent decisions the Supreme Court of Canada have affirmed three important principles: 1. The running of a limitation period may be postponed until the injury is discoverable by reasonable diligence; 2. Solicitors (at least) may be concurrently liable in contract and tort, and; 3. Damage for pure economic loss is recoverable for negligent acts. While the Supreme Court of Canada has made the law's future path clear, much remains for discussion and definition. In the short term, the practical matter of applying these decisions and predicting their effects shows there is much uncertainty yet to be resolved.

Revisiting pure economic loss: lessons to be learnt from the Supreme Court of Canada?

Legal Studies ◽  
2005 ◽  
Vol 25 (1) ◽  
pp. 49-71 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Economic Loss ◽  
Supreme Court Of Canada ◽  
Two Stage ◽  
Pure Economic Loss ◽  
The Supreme Court ◽  
Recent Developments ◽  
The Common ◽  
Difficult Area

This article examines the treatment of pure economic loss claims in England and Canada. The two jurisdictions have much in common. Starting from the same case sources, the common law of each system has struggled to deal with claims for negligently-incurred pure economic loss. Yet, the systems diverged in the 1990s when the Canadian Supreme Court refused to follow the lead of Murphy v Brentwood DC and reiterated its adherence to the Anns two-stage test. It is submitted that, in view of recent developments which suggest the gradual convergence of the two systems, English law should carefully examine the categorisation approach adopted by the Canadian courts. The current English position is far from clear, and the Canadian model is capable of bringing transparency and greater clarity to this difficult area of law.

Recent Developments in Canadian Aboriginal Law: Overview of Case Law and of Certain Principles of Aboriginal Law

2008 ◽  
Vol 10 (3) ◽  
pp. 319-350
Author(s):  
Patricia Ochman
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Treaty Rights ◽  
Aboriginal Rights ◽  
The Supreme Court ◽  
Key Concepts ◽  
Recent Developments ◽  
Aboriginal Law

AbstractThe author reviews the most recent judgments rendered by the Supreme Court of Canada and certain provincial courts, in order to provide an update in the sphere of Aboriginal law practice in Canada, destined mainly for foreign lawyers and academics. Throughout the review of those recent judgments, the author provides an overview of certain key principles and concepts of Canadian Aboriginal law. Besides providing an overview of recent judgments in the sphere of Aboriginal law, the author seeks to illustrate how meaningful the protection and recognition of Aboriginal rights and treaty rights are in practice, through the overview of key concepts and principles of Canadian Aboriginal law and how they were recently interpreted by Canadian courts. The author briefly addresses Canada's vote against the adoption of the U.N. Declaration on the Rights of Indigenous Peoples.

scholarly journals Recent Developments in the Law of Equitable Remedies: What Canada Can Do For You

2002 ◽  
Vol 33 (1) ◽  
pp. 51 ◽  
Author(s):  
Jeff Berryman
Keyword(s):  
Supreme Court ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
Specific Performance ◽  
Recent Developments ◽  
The Law

The Supreme Court of Canada has clearly enunciated a distinct equity jurisprudence for Canada. This paper discusses certain aspects of the most recent developments particularly in the area of equitable remedies. The recent "explosion" in the use of Anton Piller decisions is charted, and where appropriate, analogous Commonwealth decisions are discussed. The use of Injunctive remedies is canvassed, as well as specific performance.

The contract-delict interface and harm-causing omissions

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 203-242
Author(s):  
A Fagan
Keyword(s):  
Supreme Court ◽  
Economic Loss ◽  
Third Parties ◽  
The Other ◽  
Breach Of Contract ◽  
Pure Economic Loss ◽  
The Supreme Court ◽  
Majority Judgment ◽  
Specific Duty

Dale Hutchison co-authored two excellent articles on the contract– delict interface. Their focus was primarily on breaches of contract causing pure economic loss. This article extends the investigation to omissions which are in breach of contract and which cause physical harm to person or property. At the centre of the investigation is the Supreme Court of Appeal’s (majority) judgment in the case of Chartaprops 16 v Silberman 2009 (1) SA 265 (SCA). A harm-causing omission will be wrongful, for the purpose of delictual liability, only if it was in breach of a specific duty. To date, our law has recognised only a small number of such specific duties. The Chartaprops judgment seems to recognise another, arising – in a way which is not clearly explained in the judgment – from the contractual duties by which the harm-causer and certain third parties are bound. In a series of steps, this article develops an account of that duty, culminating in the following formulation, which is meant to capture both the duty’s ground and its content: ‘If a person has contracted with another person to perform a task and knows (or ought to know) that the other person has contracted with him to perform that task in order to discharge a delictual duty owed by the other person to one or more further persons, then he owes those further persons a specific duty, the breach of which constitutes a wrong for the purposes of Aquilian liability, not to cause harm to them by negligently having contracted with the other person to perform that task and then failing to perform it.’

Divorce in the Canadian Conflict of Laws: Two Recent Developments

1974 ◽  
Vol 11 ◽  
pp. 193-219
Author(s):  
Joost Blom
Keyword(s):  
Supreme Court ◽  
The Other ◽  
Supreme Court Of Canada ◽  
Conflict Of Laws ◽  
The Supreme Court ◽  
Recent Developments ◽  
Court Of First Instance ◽  
First Time

Two recent cases have added substantially to the Canadian jurisprudence on divorce in the conflict of laws. In one, discussed in Part I of this article, a court of first instance in Alberta initiated what is likely to be a far-reaching change in the rules for the recognition of foreign decrees. In the other, discussed in Part II, the Supreme Court of Canada gave its imprimatur for the first time to the controversial doctrine whereby someone who has obtained an invalid foreign decree may be precluded from denying its validity in a Canadian court. Although the two questions that these cases deal with are quite separate, their treatment by the Alberta Supreme Court and the Supreme Court of Canada shows a common tendency to resolve conflicts problems by rules that are general and flexible rather than precise and arbitrary.

scholarly journals Recent Developments in Italian Constitutional-Criminal Law

1969 ◽  
pp. 427
Author(s):  
Alberto Cadoppi
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Constitutional Law ◽  
Criminal Responsibility ◽  
Legal Rights ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
Canadian Charter ◽  
The Supreme Court ◽  
Recent Developments

This article compares Italian "Constitutional- Criminal" law under Italy's Constitution with the development of legal rights in Canada under the Canadian Charter of Rights and Freedoms. The author explains the "constitutional approach'' to criminal law in Italy, which is a complex web of principles which govern the criminal law by defining the concepts of "crime" and "criminal responsibility". Professor Cadoppi then examines various aspects of "constitutional-criminal "law as it has been developed by legal scholars, and the extent to which this approach has been accepted by the Italian Constitutional Court. The legal rights found in "constitutional-criminal" law are thought to be extendable to Canadian constitutional law, given the broad language of section 7 of the Canadian Charter of Rights. The author notes that the Supreme Court of Canada has given the Canadian Charter an expansive interpretation comparable to the Italian ' 'constitutional-criminal'' law approach, and uses this parallel to show that Canadian and Italian courts are moving toward a vision of a new criminal law in which ' 'fundamental justice'' will prevail.

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