Tort Law, Fifth Edition provides a thorough coverage of Canadian tort law, with both historical and philosophical context, and contemporary developments in case law and legislation. The fifth edition of this highly-regarded and frequently-cited text includes discussion of such topics as the continuing effect of the refined duty of care formula on Canadian negligence law, particularly with respect to liability of public authorities and pure economic loss recovery; expansion of freedom of expression as regards to public interest; defamation on the internet; new developments in nuisance and strict liability; and the new tort of protection of privacy, among others. In addition to the most recent Canadian judgments in all areas of tort law, relevant references to tort law judgments in other common law jurisdictions are also included.
NEW AND UPDATED IN THIS EDITION
The new fifth edition thoroughly reviews and updates all the significant developments in Canadian tort law since the last edition, including:
- Continuing effect of the refined Cooper v. Hobart duty of care formula on the contraction of Canadian negligence law, particularly with respect to the tort liability of public authorities and pure economic loss recovery:
- Examination of important Supreme Court of Canada judgments in the duty area, such as R. v. Imperial Tobacco and Fullowka v. Pinkerton's Ltd. of Canada
- The Supreme Court of Canada's analysis of the policy/operational dichotomy as it applies to the liability of public authorities laid out in R. v. Imperial Tobacco
- Expansion of freedom of expression regarding matters of public interest as a result of the Supreme Court of Canada's judgment in Grant v. Torstar
- Defamation on the internet as discussed by the Supreme Court of Canada in Crookes v. Newton
- Important new nuisance and strict liability cases from Ontario and British Columbia, such as Smith v. Inco Ltd. and Susan Heyes Inc. v. Vancouver (City)
- The new tort of protection of privacy from the Ontario Court of Appeal in Jones v. Tsige
- Effect of the House of Lords' decision in OBG v. Allan on the economic torts in Canadian law
- Important updates in other areas, such as:
- Malicious prosecution (Miazga v. Kvello)
- Recovery for nervous shock (Healey v. Lakeridge Health Corporation and Gay v. Regional Health Authority)
- The duty of care in wrongful birth actions (Paxton v. Ramji, Leibig v. Guelph General Hospital, and Ediger v. Johnston)
- Causation (Clements v. Clements)
Lewis N. Klar, Q.C., B.A., B.C.L., LL.M., is a Professor of Law at the University of Alberta, where he specializes in tort and insurance law. He was Associate Dean of the Faculty from 1994 to 1997, and Dean of Law from 1997 to 2002. He was admitted to the Bar of the Province of Quebec in 1971 and the Law Society of Alberta in 2000. He was awarded a Queen's Counsel in 2002, and received the Distinguished Service Award for his contribution to legal scholarship from the Law Society of Alberta and the Canadian Bar Association (Alberta) in 2005. In 2007, Professor Klar received the J. Gordin Kaplan Award for Excellence in Research from the University of Alberta. This is the University's most senior and prestigious award.
Professor Klar is an elected member of the American Law Institute and a member of the Alberta Auto Insurance Rate Board. His works have been cited by the Supreme Court of Canada, the courts in every province in Canada, the House of Lords and the Australian High Court. Because of the clarity of his approach and analyses, Professor Klar is a frequent speaker at legal education conferences and has acted as an expert consultant on Canadian tort law. He has written extensively, primarily on tort law issues, and prepared several reports for the Alberta Institute of Law Research and Reform. He is the editor of Studies in Canadian Tort Law and Canadian Cases on the Law of Torts, Volumes 1-9, 1976-1979. He is the co-author of Canadian Tort Law: Cases, Notes & Materials, Supplements 1981 and 1983, and Canadian Tort Law: Cases, Notes & Materials, editions 8-12. Professor Klar is also the author of Tort Law, 4th Edition (Carswell) and Remedies in Tort (Carswell).