What is the role of the court in developing new tort law?
Ontario, Canada
The following excerpt is from Childs v. Desormeaux, 2002 CanLII 17070 (ON SC):
In Hall v. Hebert, 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159, Cory J. compared the court’s obligation to develop new tort law with that of public policy consideration. At p. 205 he makes the following comments:
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