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The law of torts hovers over virtually every activity of modern society. No enterprise, action or profession is beyond its potential scope. As a result, tort law is of real concern to most legal practitioners, jurists and academics. With respect to negligence, accidents happen every day, raising several legal issues. Virtually no area of practice is untouched by the implications of negligence law, as questions of standard of care and causation arise in every aspect of human endeavour, inevitably making their way for resolution into law offices across Canada.
Newly revised and thoroughly updated, Halsbury's Torts (2024 Reissue) defines and explains the application of the law in Canada relating to civil wrongs. From negligence to intentional torts, strict liability, nuisance, occupier's liability, product liability, Québec's law of delict and limitation of actions, this invaluable volume provides a black-letter narrative of the law for everyone seeking a straightforward understanding of the subject.
Topics in this essential national reference include:
Intentional torts
Intentional conduct
Specific torts
Defences
Damages
Requisite elements of negligence
Requirement of damage
Limitation periods
Multiple causes of action
Causation
Onus of proof, inferences and material contribution
Multiple causes
Standard of care and its breach
Defining the parameters of the "reasonable person"
Unreasonable risk
Likelihood and severity of harm
Reason for taking risk
Cost of avoiding risk
Factors affecting the appropriate standard of care to be applied
Age
Mental illness
Gross negligence
Custom
Establishing custom
Causation
Significance
Medical custom as reasonable care
Failure to follow custom
Statutory violations
Application to specific professions
Duty of care
Neighbour principle
Recognizing new duties
Determining whether duty is novel
Foresight and proximity
Policy reasons for denying duty
Failure to act
Unforeseeable plaintiff
Evidence and proof
Burden of proof
Inferring negligent conduct
Inferring responsibility of defendant
Trespass and inevitable accident
Remoteness or proximate cause
Thin-skull plaintiff
Rescue attempts
Intervening acts
Psychiatric damage
Pure economic loss
Public authorities
Policy vs. operational decisions
Restated Anns test
Standard of care and causation
Misfeasance in public office
Defences to negligence
Contributory negligence
Voluntary assumption of risk
Illegal conduct
Strict liability
Scope of Rylands v. Fletcher
Defences
Vicarious liability
Nuisance
Public and private nuisance
Statutory and common law defences
Remedies
Occupier's liability
Trespassers, licensees, invitees and contractual entrants
Legislative framework in various jurisdictions
Product liability
Contract theory
Negligence theory
Proof
Defences
Class actions
Delict
Requirements
Capacity
Fault
Injury or harm
Causation
Vicarious liability
Liability for harm caused by things in one's custody
Bruce Feldthusen, B.A., LL.B., LL.M., S.J.D., is currently a professor of law at the University of Ottawa. He retired from the University on June 30, 2024. He has been teaching and writing about tort law for over forty years, primarily in Canada, but also in the United States and Australia. He was a professor of law at the University of Western Ontario from 1977 to 1999 and served as Dean of the Common Law Section of the University of Ottawa from 2000 to 2013. He is co-author of Canadian Tort Law, 12th Edition, with Margaret Hall, Erik Knutsen and Hilary Young, as well as Canadian Tort Law, Cases Notes & Materials, 16th Edition, with Lewis Klar. He is also known for his book, Economic Negligence, now in its sixth edition, which is frequently cited by the Supreme Court of Canada. He was one of the first legal academics to study civil remedies for victims of sexual assault. Feldthusen was the research director for the Ontario Law Reform Commission’s 1989 study on Exemplary Damages, which has been cited with approval and adopted in many common law jurisdictions in Canada and abroad. He has also practised law, and worked frequently as a litigation consultant on issues in tort law.
Louise Bélanger-Hardy, B.A., B. Soc. Sc., LL.B., LL.M., is a Full Professor and former Vice Dean at the Faculty of Law of the University of Ottawa, where she has taught tort law for many years. She is a member of the Bar of Ontario. Together with Professor Denis Boivin, she is the author of a leading textbook on Canadian Tort Law in French. Throughout the years, her work has brought her into contact with the civil law of Québec through teaching responsibilities at civil law faculties in Canada and abroad and through research in comparative tort law. She is co-editor, with Yan Campagnolo and Aline Grenon, of the second edition of two companion works: Elements of Quebec Civil Law – A Comparison with the Common Law of Canada and Éléments de common law canadienne – comparaison avec le droit civil québécois (Walter Owen Book Prize in 2010).
Shirley Margolis, B.A., J.D., is a freelance legal researcher and writer. She previously worked as Manager, Legal Writing for LexisNexis Canada, managing Halsbury’s Laws of Canada, clerked for the Ontario Court of Appeal, and worked as a Litigation Associate at Simpson, Thacher & Bartlett LLP in New York City. She has co-authored other Halsbury’s Laws of Canada titles, including Misrepresentation and Fraud, and has served as a contributing editor for several other Halsbury’s titles, including Torts, Legal Profession, Condominiums, Securities and Insurance. She has also served as a legal editor for numerous other LexisNexis publications, including Canadian Tort Law, 12th Edition and Canadian Tort Law – Cases, Notes & Materials, 16th Edition.