Resurfice (2007)

Forgetting the Audience: Resurfice Corp v Hanke

As a civil practitioner, it's my job not only to advise clients about the legality (actionability) of past conduct, but also about the likely legality (actionability, risk of actions etc.) of proposed conduct which might create new issues. That means I need to know what reported cases the highest court in the land thinks are […]

Resurfice Corp v Hanke: SCC Places Limits on Material Contribution Test

When reading cases, I often make snap judgments about what should be the right result before going through the relevant legal analysis (I suspect there are others who do the same). In tort actions, such gut instincts frequently nudge me towards principles of distributive rather than corrective justice. I would rather see a sympathetic and […]