Can the Province avoid liability in whole or part because of factual circumstances in the background of causation where those circumstances are of a non-tortious nature?

British Columbia, Canada


The following excerpt is from Henry v. British Columbia, 2016 BCSC 1038 (CanLII):

The Province cannot avoid liability in whole or in part because of factual circumstances in the background of causation where those circumstances are of a non-tortious nature, such as the trial rulings of Mr. Justice Bouck: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at para. 22.

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