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Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Out Of The Black Hole: Toward A Fresh Approach To Tort Causation, Allan C. Hutchinson
Dalhousie Law Journal
The present state of Canadian doctrine on causation in tort law is in serious disarray Judges and jurists persist in thinking that it is a factual inquiry separate from policy concerns. This is made obvious in the recent Supreme Court decision in Clements and in the academic commentary around it. In contrast, I insist that the requirement of causation must be understood as being entirely part of the broader debate on the goals and policies of tort law generally Causation is a topic drenched with normative values and should be treated as such.
Nom De Plume: Who Writes The Supreme Court's "By The Court" Judgments?, Peter Mccormick
Nom De Plume: Who Writes The Supreme Court's "By The Court" Judgments?, Peter Mccormick
Dalhousie Law Journal
For several dozen of its major decisions, the Supreme Court in recent decades has adopted an unusual judgment style-the unanimous and anonymous "By the Court" format. Unlike judgments attributed to specific justices, "By the Court" presents an unusual and impersonal institutionalist face. But what is happening behind the fagade? Are these deeply collegial products with the actual drafting divided between some (or most, or all) of the justices? Is it "business as usual" which for major judgments involves rotation between the senior judges? Or is it simply a pseudonym for the Chief Justice writing alone in an unusually emphatic way? …