Cheers! Where Nobody Knows Your Name: An Analysis of Commercial Host Liability in Canadian Tort Law
Nathan McLean, 2L, Volume 81 Articles Editor
Host liability for alcohol-infused injury is a major, contested issue in Canadian tort law. In this blog post, Articles Editor Nathan McClean questions whether the Supreme Court has erred in assigning liability to commercial establishments for injuries caused by or to their intoxicated patrons.
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Child Abduction, the Best Interests of the Child, and the Supreme Court’s Decision in F v N
Rebecca Rabinovitch, 2L, Articles Editor
2023 was a banner year for family law at the Supreme Court of Canada. In this new blog post, Articles Editor Rebecca Rabinovitch critically analyzes the judgment in F v N, and criticizes both the majority and the dissent for failing to fully consider the best interests of the child, from the full perspective of the child.
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Case Overview: Torres Strait Islanders and Climate Change
Jane Fallis-Cooper, 3L, Senior Forum Editor
The United Nations Human Rights Committee issues a landmark decision on the rights of Torres Strait Islanders. Senior Forum Editor Jane Fallis-Cooper discusses the implication of this judgment for the international law of climate change.
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Aylmer Meat Packers Inc v Ontario: (Limited) Progress in the Framework for Assessing the Negligence of Governmental Actors
Faisal K. Bhabha, 3L, Volume 81 Senior Editor
According to the Ontario Court of Appeal in Aylmer Meat Packers Inc v Ontario, the Government owes a duty of care when it puts a party’s business interests at risk in the course of carrying out a regulatory function. This holding, according to Senior Editor Faisal K. Bhabha, is bound to sit uncomfortably with the earlier negligence precedent established in Cooper v Hobart.
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Back to the Memo: 2022 BCCA Decision Sheds Light on a 2021 LRW Hypothetical
Daryn Tyndale, 2L, Senior Forum Editor
Daryn Tyndale revisits the thorny issue of social host responsibility and over-indulgent teens following the recent British Columbia Court of Appeal case McCormick v Plambeck. Tyndale argues that this case poses new questions with regards to foreseeability in social host liability cases.
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Kant at the Supreme Court? Maple Leaf, the Rights-Based Approach to Economic Loss, and the Toronto School of Tort Theory
Michael Law-Smith, 2L, Volume 79 Articles Editor
How has Kantian theory influenced Canadian Courts? Articles Editor Michael Law-Smith considers the influence of “Toronto School” private law theory on the decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc.
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