Date: Tue, 2 May 2006 13:35:54 -0300

From: Vaughan Black

Subject: Fairchild II

And on Friday the Supreme Court of Canada will hand down its decision in Childs v. Desormeaux, which will provide us with this year's version of how to establish whether there is a duty of care in novel negligence claims.

vb

Quoting Andrew Tettenborn:

UK profs returning from the holiday to the pre-exam doldrums may be interested to see that the HL tomorrow is set to sort out some of the implications of Fairchild-style causation. Barker v St Gobain Pipelines involves Fairchild with a twist -- i.e. where one of the possible (other) causes is non-wrongful. If I was a betting man I'd suspect they'll apply Fairchild: but we'll have to wait & see.

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