What is the impact of no-fault liability on non-profit organizations?

Saskatchewan, Canada


The following excerpt is from L. (H.) v. Canada (Attorney General), 2001 SKQB 233 (CanLII):

With respect to the policy objective of spreading the losses and thereby minimizing the dislocative effect of a particular tort within society, the majority noted that non-profit corporations and other forms of nonprofit organizations do not operate in a market environment and therefore have limited ability to absorb the cost of "no-fault" liability by raising prices to "consumers in the usual way" to spread the true cost of "doing business". It further placed considerable emphasis on weighing such objectives against the impact that no-fault liability would have on non-profit organizations, particularly children's recreation which is not a field where the monetary reward for pursuing such social objective is proportionate to potential financial liability which could arise on a broad application of Bazley v. Curry.

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