Is systemic negligence a tort or can sustain a cause of action by an individual?
Alberta, Canada
The following excerpt is from P.L. v. Alberta, 2012 ABQB 309 (CanLII):
I disagree that Ritter J. accepted that systemic negligence was a tort or could sustain a cause of action by an individual in Ms R v. Mr A. That case was a case about relevance and materiality in the context of disclosure or discovery of records and was not a striking case. It cannot be relied on to resist an application to strike pleadings as not disclosing a cause of action.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence? (Alberta, Canada)
Is there a cause of action against a government authority for negligent breach of statutory duty? (Alberta, Canada)
Can allegations of systemic negligence be relevant to allegations of negligence in a particular case? (Alberta, Canada)
Can events arising from a prior action be the foundation for a new action? (Alberta, Canada)
Does a motion to strike have to be considered a cause of action? (Alberta, Canada)
What is the test for determining whether there is no scientifically proven cause or causes of fibromyalgia? (Alberta, Canada)
How much evidence is required to prove cause of action? (Alberta, Canada)
What is the meaning of intent without corresponding action in a divorce action? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
