Have third party rights been invoked to overcome the usual rules of causation and damage assessment in tort?
British Columbia, Canada
The following excerpt is from Dhillon v. Jaffer, 2014 BCCA 215 (CanLII):
No case was cited to us, and I have not located any, in which third party rights have been invoked to overcome the usual rules of causation and damage assessment in tort. Melnick J. referred to Thomas v. Canada (Attorney General) 2006 ABQB 730, but it involved a property dispute in respect of “found money”, with both parties claiming ownership based on a possessory interest.
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