Fridman's The Law of Torts in Canada, 4th Edition (Print + ProView)

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General Editors: Erika Chamberlain and Stephen Pitel

Fridman's The Law of Torts in Canada comprehensively analyzes all facets of Canadian tort law. It is a detailed reference book, containing both authoritative statements of the law and extensive references to the primary and secondary sources. It is written for lawyers needing to advise their clients, judges needing to decide cases, and scholars needing to know, teach and engage with the law.

This is the fourth edition of a book originally written by Gerald Fridman, one of Canadas most accomplished legal scholars of the second half of the twentieth century. Previous editions have been extensively cited by courts in Canada and abroad, and over the past thirty years the book has become one of the best-known Canadian law texts. This edition is written by a team of six highly-regarded tort law scholars.

The fourth edition has been comprehensively revised. All statutory references have been updated, hundreds of new cases have been included, and there are many more references to secondary scholarship from Canada and other common law jurisdictions on specific issues. This new edition includes:

  • rewritten chapters on nuisance (incorporating Antrim Truck Centre Ltd. v. Ontario (Transportation) ), passing off, and the unlawful means tort (as developed in A.I. Enterprises Ltd. v. Bram Enterprises Ltd.);
  • extensively revised chapters on the foundations of tort liability, causation (centred on Clements v. Clements), defamation, invasion of privacy, and inducing breach of contract;
  • additional analysis of the courts approach to the duty of care in negligence as developed in Deloitte & Touche v. Livent Inc. (Receiver of) and Rankin (Rankins Garage & Sales) v. J.J. ;
  • new discussion of e-trespass, the shopkeepers privilege relating to trespass to the person, liability for injuries caused by police dogs, the SAAMCO principle in the context of remoteness, the powers associated with an occupiers obligations, the remoteness rule for deceit, the scope of the tort of intimidation, and the means and ends understanding of intention for the economic torts;
  • expanded discussion of conversion (including Teva Canada Ltd. v. TD Canada Trust), the standard of care for professionals, the effect of express waivers of liability, the requirement of actionable damage, and vicarious liability in corporate groups;
  • reorganization of the analysis of dangerous chattels and of multiple tortfeasors;
  • discussion of the Supreme Court of Canadas decisions in Saadati v. Moorhead, Henry v. British Columbia (Attorney General), IBM Canada Limited v. Waterman, R. v. Imperial Tobacco Canada Ltd. and Bou Malhab v. Diffusion Metromedia CMR Inc. ;
  • discussion of the United Kingdom Supreme Courts decisions in Montgomery v. Lanarkshire Health Board, Various Claimants v. Barclays Bank plc., Woodland v. Swimming Teachers Association, Mohamud v. Wm Morrison Supermarkets plc. and JSC BTA Bank v. Khrapunov.


Practice Area:
Tort & personal injury


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