ABSTRACT
The Supreme Court’s 2018 decision in Rankin v JJ is the high court’s latest word on the Torts analysis in Canadian law. This case comment suggests that the majority decision of Karakatsanis, J has collapsed the duty of care and remoteness steps. In doing so, the Court may even have rendered discussions of remoteness redundant. The comment is a plea for a more relaxed test for foreseeability in the duty analysis, that is more consistent with the history of the development of the duty of care in negligence cases.
Maur, Mary Jo, Case Comment on the Supreme Court Decision in Rankin (Rankin’s Garage and Sales v JJ: Foreseeability and Vision) (January 22, 2020). Queen’s University Legal Research Paper, forthcoming.
First posted 2020-04-25 06:46:56
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