tort law
Tort Law Meets Administrative Law Meets a Killer Whale
A tragic accident occurred in Seaworld, Orlando in 2010. A trainer interacting with Tilikum, a killer whale, was dragged underwater and killed. An investigation by the Occupational Health and Safety Authority ensued. Seaworld was found to have violated the duty to provide a safe workplace and lost its challenge to the order made pursuant to […] Read more
The Relationship between Public Law and the Law of Nuisance: Coventry v. Lawrence, [2014] UKSC 13
The UK Supreme Court decided an important case on the law of nuisance last week: Coventry v. Lawrence, [2014] UKSC 13. One of the many important issues was whether planning permission is a defence to an action in nuisance.In his leading judgment, Lord Neuberger held that it is not: The grant of planning permission for […] Read more
How to Avoid “Tortifying” Regulatory Law: A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12
The Supreme Court of Canada this morning waded into the mire of the “economic torts”, a grab bag of common law causes of action that impose liability for (primarily) nasty behaviour in the marketplace. Up for discussion in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12 was the “unlawful means” tort, though as […] Read more