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Full-Text Articles in Torts
Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr
Pre-Natal Fictions And Post-Partum Actions, Ian R. Kerr
Dalhousie Law Journal
The author examines the theory of liability for pre-natal injuries adopted by Canadian courts. This theory has recently been adopted by the New Brunswick Court of Appeal in an unprecedented decision that allows an infant to sue its own mother for alleged negligent conduct that occurred prior to the child's birth. The author argues that, despite contrary claims, the present theory of liability relies on the judicial use of a legal fiction. He maintains that this fiction has been stretched beyond its theoretical limits and concludes that courts are no longer justified in adopting the present theory of liability in …
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
The Employer's Intentional Tort - Should It Be Recognized In Canadian Jurisdictions?, Leigh West
Dalhousie Law Journal
At the inception of Canadian worker compensation legislation, an historic trade off agreement was made between employers and their workers. By virtue of this agreement, the right of workers to sue their employer in tort was removed and in return workers were to receive swift, certain, but limited, compensation payments for job-related injuries and illness, regardless of fault. With a few minor exceptions, this agreement made worker compensation the exclusive remedy available to an injured worker. It also lodged with the various provincial worker compensation boards the responsibility to adjudicate whether or not the injury or illness claimed was one …