Canada, tort, judges, jurists, policy, causation, Supreme Court of Canada
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.
Allan C. Hutchinson, "Out of the Black Hole: Toward a Fresh Approach to Tort Causation" (2016) 39:2 Dal LJ 561.