LAWS 2202 Lecture Notes - Lecture 4: Honey Ltd., Canlii
21 Feb 2016
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Paradis honey ltd. v. canada, 2015 fca 89. How should the courts consider under what circumstances public authority liability is appropriate. Current case law clarifying" or reworking the interpretation of landmark decisions with regards to when, if and how public authorities or officials can and should be held liable under tort law (specifically relating to negligence) At the federal court of appeal, the judge questions where the anns test, and its adaptations (cooper v. Hobart) is really the most appropriate way to consider when the courts should exercise remedial discretion, including monetary relief. As such, the federal courts contends that rather than adapting" private law principles into complex tests to reflect public office contexts, that private law should adapt public law principles to such scenarios. Today, they are found primarily in administrative law, in particular the law of judicial review.
