What is the legal test for trespass on the case?
Canada (Federal), Canada
The following excerpt is from A.M. Smith & Co. Ltd. v. Canada, 1981 CanLII 2721 (FCA):
The submissions in respect of these particular provisions in cl. 2 (1) (e) seem to me to have considerable merit, but I do not find it necessary to decide whether this action is caught by either of them. Even if it were not, it would, in my view, nevertheless fall within the closing words of the paragraph: "and actions for all other causes which would formerly have been brought in the form of action called trespass on the case ..." (Miller v. The King, at p. 68).
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