Canadian Tort Law (Canadian Legal Text Series)

J.)� The determination of whether a duty exists will depend on the facts of each case.� Consequently, until sufficient information exists to establish with certainty that a duty did not exist and that liability can be eliminated, summary judgment will be denied.� McClintock v. You might even find yourself in both civil and criminal court. Competitors, as well as insiders, are often the source of litigation against officers and directors. In some cases federal or state statutes may preempt tort actions, which is particularly discussed in terms of the U.

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