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City Of Kamloops V. Nielsen
''Kamloops (City of) v Nielsen'', 9842 SCR 2 ("''Kamloops''") is a leading Supreme Court of Canada decision setting forth the criteria that must be met for a plaintiff to make a claim in tort for pure economic loss. In that regard, the ''Kamloops'' case is significant because the Supreme Court adopted the "proximity" test set out in the House of Lords decision, ''Anns v Merton LBC''. ''Kamloops'' is also significant as it articulates the "discoverability principle" in which the commencement of a limitation period is delayed until the plaintiff becomes aware of the material facts on which a cause of action are discovered or ought to have been discovered by the plaintiff in the exercise of reasonable diligence. This was later adopted and refined in ''Central Trust Co v Rafuse''. Finally, ''Kamloops'' develops the law governing circumstances where a plaintiff can sue the government in tort. Facts A house in Kamloops, British Columbia, had insufficient foundations, which were discovere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Dickson Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from Brian Dickson's appointment as Chief Justice on April 18, 1984, to his retirement on June 30, 1990. 1984 19851989 1990 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1984-1990) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cooper V Hobart
''Cooper v Hobart'', 2001 SCC 79 is a Supreme Court of Canada case that redefined the " ''Anns'' test", which was adopted in '' Kamloops (City of) v Nielsen'' to establish a duty of care in civil tort cases. Background Eron was a mortgage broker under the ''Mortgage Broker's Act''. Cooper had advanced money to Eron. Eron's mortgage license was suspended by Hobart acting in his official capacity as Mortgage Broker Registrar under the Act. Cooper alleged that Hobart breached a duty of care that he allegedly owed to her and other investors because he had been aware of the serious violations of the Act committed by Eron, and not suspended its license soon enough. The Registrar of Mortgage Brokers had become aware of Eron in August 1996 and did not suspend his licence until October 1997. At trial, the Registrar was found to have owed a duty of care to the investors. In appeal, the Court overturned the verdict on grounds that there was no sufficient proximity. Reasoning of the Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dobson (Litigation Guardian Of) V Dobson
''Dobson (Litigation guardian of) v Dobson'', 9992 SCR 753 was a landmark decision by the Supreme Court of Canada on a pregnant woman's legal duties in tort law. It was the first time the Supreme Court of Canada had to consider this issue. The majority of the Court found that tort claims cannot be brought against women for negligence toward the fetus during pregnancy. The case involved one Cynthia Dobson, who in 1993 was driving and got into a car accident in bad weather. Her fetus was supposedly damaged in the accident and was delivered by Caesarean section on the day of the crash, before the expected due date. The child had cerebral palsy. On behalf of the child, his maternal grandfather brought a tort claim against the mother for negligence in driving in order to benefit from the father's insurance policy, which covered damages caused by the negligence of drivers of his motor vehicle. Decision The majority decision was written by Peter Cory, who began by emphasizing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian National Railway Co V Norsk Pacific Steamship Co
''Canadian National Railway Co v Norsk Pacific Steamship Co'', 9921 SCR 1021 is a leading Supreme Court of Canada decision on pure economic loss in tort law. The court recognized situations in which pure economic loss is compensable. In particular, the court held that relational economic loss falls within the category of losses that are sufficiently proximate to give rise to a duty of care. Background A barge being towed in heavy fog by tug Jervis Crown, owned and operated by the Norsk Pacific Steamship Co. and Norsk Pacific Marine Services Ltd., collided with the New Westminster Railway Bridge, which spans the Fraser River between Surrey and New Westminster. Canadian National Railway (CN) was the primary user (86% of total use) of the bridge owned by Public Works Canada (PWC). The bridge is the sole direct link for several railway companies between the north and south shores of the Fraser in Metro Vancouver. The tug owners were familiar with the area and were at all times awa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kamloops, British Columbia
Kamloops ( ) is a city in south-central British Columbia, Canada, at the confluence of the South flowing North Thompson River and the West flowing Thompson River, east of Kamloops Lake. It is located in the Thompson-Nicola Regional District, whose district offices are based here. The surrounding region is sometimes referred to as the Thompson Country. The city was incorporated in 1893 with about 500 residents. The Canadian Pacific Railroad was completed through downtown in 1886, and the Canadian National arrived in 1912, making Kamloops an important transportation hub. With a 2021 population of 97,902, it is the twelfth largest municipality in the province. The Kamloops census agglomeration is ranked 36th among census metropolitan areas and agglomerations in Canada with a 2021 population of 114,142. Kamloops is promoted as the ''Tournament Capital of Canada''. It hosts more than 100 sporting tournaments each year (hockey, baseball, curling, etc) at world-class sports fac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central Trust Co V Rafuse
''Central Trust Co v Rafuse'', 9862 SCR 147 is a leading decision of the Supreme Court of Canada on liability of solicitors in negligence and breach of contract as well as the doctrine of discoverability under the statute of limitations. Background Jack Rafuse and Franklyn Cordon were solicitors who had been hired by a company, which had purchased the shares of Stonehouse Motel and Restaurant Ltd. The agreement of sale required the purchasers to take out a mortgage on the property and to use the assets used as part of the purchase price of the shares. The solicitors had been retained to complete the mortgage transaction. Eight years later, the creditor for the mortgage, Central Trust Co., initiated a foreclosure of the mortgage. The creditor, Irving Oil Ltd., tried to prevent the foreclosure by claiming that the mortgage was invalid. The case went to the Supreme Court of Canada. In its decision ''Central and Eastern Trust Co v Irving Oil Ltd'',9802 SCR 29. the mortgage was invalida ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
