Where a plaintiff in a personal injury action can prove at trial that she has suffered an injury that may be subject to future deterioration, Canadian common law courts make a speculative assessment of any potential future deterioration of the injury and decide damages once and for all. This provides finality for the parties, but potentially at the cost of accurate compensation for the plaintiff whose injuries later worsen. In 1985, the United Kingdom introduced a regime of reviewable provisional damages for personal injury, which allows review of damage awards after trial, improving compensation for the plaintiff without creating indefinite uncertainty for the defendant. This article examines this British reform, including its advantages a...
The author looks at emergence of class actions in Canadian litigation and considers the extent to wh...
For litigants raising a matter of public interest, the possibility of facing an adverse costs award ...
Common law courts have traditionally been reluctant to award damages for emotional harm. This is par...
Where a plaintiff in a personal injury action can prove at trial that she has suffered an injury tha...
Cet article retrace les développements du droit qui ont permis qu'un recours pour négligence puisse ...
The income tax status of damage awards in personal injury actions assumes greater importance as liti...
This article addresses the history and development of tort law generally, with particular reference ...
The tort system is roundly indicted for its inadequacies in providing compensation in response to in...
Section 24(1) of the Canadian Charter of Rights and Freedoms confers on the courts the power to awar...
This Article proposes two reforms designed to improve on existing mechanisms for assessing personal ...
International audienceThe author comments on the Distilbène litigation from the angle of the prescri...
International audienceThe authors discuss various jurisprudences rendered by the Cour de cassation a...
This article demonstrates that if the nominal rate of interest equals the growth rate of nominal ear...
English law does not recognize any spécial rules concerning either civil liability for road traffic ...
En common law, le développement des principes liés à la réparation du préjudice moral s’effectue trè...
The author looks at emergence of class actions in Canadian litigation and considers the extent to wh...
For litigants raising a matter of public interest, the possibility of facing an adverse costs award ...
Common law courts have traditionally been reluctant to award damages for emotional harm. This is par...
Where a plaintiff in a personal injury action can prove at trial that she has suffered an injury tha...
Cet article retrace les développements du droit qui ont permis qu'un recours pour négligence puisse ...
The income tax status of damage awards in personal injury actions assumes greater importance as liti...
This article addresses the history and development of tort law generally, with particular reference ...
The tort system is roundly indicted for its inadequacies in providing compensation in response to in...
Section 24(1) of the Canadian Charter of Rights and Freedoms confers on the courts the power to awar...
This Article proposes two reforms designed to improve on existing mechanisms for assessing personal ...
International audienceThe author comments on the Distilbène litigation from the angle of the prescri...
International audienceThe authors discuss various jurisprudences rendered by the Cour de cassation a...
This article demonstrates that if the nominal rate of interest equals the growth rate of nominal ear...
English law does not recognize any spécial rules concerning either civil liability for road traffic ...
En common law, le développement des principes liés à la réparation du préjudice moral s’effectue trè...
The author looks at emergence of class actions in Canadian litigation and considers the extent to wh...
For litigants raising a matter of public interest, the possibility of facing an adverse costs award ...
Common law courts have traditionally been reluctant to award damages for emotional harm. This is par...