Case Comment on the Supreme Court Decision in Rankin (Rankin's Garage & Sales v JJ: Foreseeability and Vision

Abstract

The Supreme Court's 2018 decision in Rankin v JJ is the high court's latest word on the Torts analysis in Canadian law. This case comment suggests that the majority decision of Karakatsanis, J has collapsed the duty of care and remoteness steps. In doing so, the Court may even have rendered discussions of remoteness redundant. The comment is a plea for a more relaxed test for foreseeability in the duty analysis, that is more consistent with the history of the develpment of the duty of care in negligence cases.

Keywords: tort law, duty of care, remoteness, negligence