Torts, Canada, scholarship, courts, liability, contract, theory, jurisprudence
Tort scholarship in Canada has not traditionally been preoccupied with theory. Apart from several fine (doctrinally oriented) texts, by far the greatest amount of tort writing found in the journals is ad hoc and responsive to current is sues. It consists for the most part of case comments or 'recent development' articles inspired by important decisions from higher courts. Beyond this, a number of substantive topics and problem areas have recently been dealt with in some detail. There is alarge amount of literature, for example, on the liability of public authorities and professionals, sporting injuries, asbestos and environmental liability, and associated problems of proving causation. Certain doctrinal problems are also Canadian favourites, perhaps most obviously, the interrelation of contract and tort and associated problems of negligent misstatement, liability for economic loss, and products liability. In recent years certain theoretical orientations (especially feminist theories and economic analysis) have begun to inform the treatment of substantive tort issues. But what is missing is any strong tradition of theoretical inquiry into the fundamental structure and function of the law of tort.
Jamie Cassels, "The Revival of Tort Theory in Canada" (1994) 17:2 Dal LJ 624.