Case Comment on the Supreme Court Decision in Rankin (Rankin's Garage & Sales v JJ: Foreseeability and Vision
10 Pages Posted: 23 Apr 2020
Date Written: January 22, 2020
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
Suggested Citation: Suggested Citation
Maur, Mary Jo, Case Comment on the Supreme Court Decision in Rankin (Rankin's Garage & Sales v JJ: Foreseeability and Vision (January 22, 2020). Queen's University Legal Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3583522 or http://dx.doi.org/10.2139/ssrn.3583522
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