The Tort Law Research Group was founded in 2010 to consolidate Western's reputation as a leader in the study of tort law. Western has a long tradition of tort law scholarship: Professor Emeritus GHL Fridman is a pioneer in the study of Canadian tort law, with a career extending back 40 years and continuing to the present. Currently, one-quarter of all Western Law faculty teach and publish in the area of tort law, including a leading treatise, The Law of Torts in Canada, and a leading casebook, Cases and Materials on the Law of Torts. Western Law hosted an international conference in 2006 that led to the publication of Emerging Issues in Tort Law, and hosted the Sixth Biennial Conference on the Law of Obligations in July 2012. During the academic year, the Tort Law Research Group hosts a series of public lectures as well as more informal lunchtime research seminars. Group members publish in diverse areas, including economic torts, public authority liability, tort law theory, tort law and health care, and tort liability for climate change. Finally, Western Law offers a number of torts-related undergraduate courses, and faculty members welcome thesis proposals from interested graduate students.
The idea for Prof. Erika Chamberlain’s new book, Misfeasance in a Public Office, was sparked years earlier while Chamberlain was clerking at the Supreme Court of Canada. During her clerkship, Chamberlain (pictured right) worked on the Supreme Court’s decision in Odhavji Estate v Woodhouse(2003), where a family sued police officers who failed to cooperate with an SIU investigation into their son’s shooting death at the hands of police. Read more
Martha Chamallas spoke on the topic of gender-inclusivity in tort law. Professor Chamallas argued that while tort law is now formally gender neutral—it has done away with gender-specific causes of action and has sanitized itself of gender-specific terminology—in several significant spheres, it remains resistant to substantive gender-inclusivity. Read more
During the second week of March of this year, Professor Jason Neyers was a visitor at Harvard Law School. Under the auspices of The Project on the Foundations of Private Law, an interdisciplinary research program at Harvard Law School dedicated to the academic investigation of private law, he delivered a presentation entitled, "A (Post-Modern) Theory of the Tort of Public Nuisance." Read more
On February 29, Benjamin Zipursky, Professor of Law and holder of the James H Quinn ‘49 Chair in Legal Ethics at Fordham Law School, delivered the first Tort Law Research Group Public Lecture of the 2015-16 academic year. For an audience of students, faculty, and legal practitioners, Zipursky offered a nuanced critique of the current state of American law with respect to online defamatory statements. Read more
From February 15-25, 2016, Professor Jason Neyers taught an intensive course at Sydney Law School at the University of Sydney. The Advanced Torts course examined nuisance, vicarious liability, non-delegable duty, pure economic loss, the economic torts, and misfeasance in a public office through cases and materials from Australia, Canada, and the United Kingdom. Read more
Three members of Western Law’s Tort Law Research Group, Jason Neyers, Erika Chamberlain, and Zoë Sinel, made the cross-world trek this December to Australia. Read more
In June 2015, Professor Jason Neyers gave a presentation at the Private Law Workshop at the Humbolt Law School in Berlin, Germany. His presentation was entitled “The Future of Public Nuisance” and addressed far reaching questions relating to the jurisprudential basis of the tort and the implications that this basis would have in civilian legal systems. Read more
Group members Robert Solomon, Erika Chamberlain and Stephen G.A. Pitel, with Mitchell McInnes of the University of Alberta, have written a new edition of Cases and Materials on the Law of Torts. The ninth edition of this highly regarded casebook provides a detailed examination of every major area of Canadian tort law, drawing on case law from every province. It features helpful explanatory introductions, concise extracts of key decisions, editorial passages, detailed notes and questions, and review problems.
The new edition addresses recent Supreme Court of Canada decisions on negligent misrepresentation, factual causation, nuisance, deceit and unlawful interference with economic relations (the unlawful means tort). It contains expanded discussion of the tort of intrusion on seclusion (privacy), revised coverage of several of the intentional economic torts, and analysis of changes to the law on the defence of lawful authority. A new feature is the increased attention paid to the possible impact of contemporary rights-based approaches to tort law.
On May 27, 2015, Professor Stephen Pitel spoke at the tenth annual "Straight From the Bench" conference organized by the Middlesex Law Association in London. His focus was on explaining the changes to the law concerning the intentional economic torts flowing from three recent decisions of the Supreme Court of Canada: A.I. Enterprises Ltd. v Bram Enterprises Ltd. (the unlawful means tort), Bhasin v Hrynew (unlawful means conspiracy) and Bruno Appliance and Furniture, Inc. v Hryniak (deceit/civil fraud). He also discussed George v Newfoundland and Labrador, a class action concerning public authority liability for moose-vehicle collisions.
On March 16, Scott Hershovitz, Professor of Law and Philosophy at the University of Michigan, delivered the second Tort Law Research Group Public Lecture of the 2014-15 academic year. Hershovitz proposed that revenge, not corrective justice, not deterrence, and not compensation, is the key to understanding tort law. Read more
Professor Jason Neyers has been named Western Law’s Faculty Scholar for the 2015-16 and 2016-17 academic periods. This campus wide award recognizes significant achievements in teaching or research. Read more
On February 27, 2015, Professor Erika Chamberlain spoke at Osgoode Professional Development’s 11th Annual Crown Liability Conference. Chamberlain presented, “When Unlawfulness Becomes Tortious: Misfeasance in a Public Office.” Read more
On February 24, 2015, the Tort Law Research Group hosted a panel presentation on factual causation in negligence, particularly as it is analyzed in medical malpractice cases. Two lawyers with considerable experience litigating these cases presented the results of their recent research into the topic. Read more
From January 27, 2015 to February 6, 2015 Professor Jason Neyers taught an intensive course in Advanced Torts at the University of Melbourne. The course examined nuisance, vicarious liability, non-delegable duty, pure economic loss, the economic torts and misfeasance in a public office from a comparative Australian-Canadian perspective. Read more
On Friday February 6, 2015, Professor Neyers gave a talk and participated in a workshop about the right-based theory of tort law at the Supreme Court of Victoria. He explained the theory and examined particular issues in private nuisance, public nuisance, pure economic loss in negligence and public authority liability from the perspective of that theory with a focus on Australian materials and doctrine. Read more
On Monday, November 17, 2014, Professor Jeff Berryman delivered this year’s first Tort Law Research Group public lecture. Speaking to an audience of students and faculty members, Professor Berryman spoke on the topic of “Tort Law, Personal Injuries, and the New Multiculturalism.” Read more
On October 20, 2014, Professor Stephen G.A. Pitel delivered a talk entitled "Clarifying Causation" as part of the annual Fall Conference of the Ontario Trial Lawyers Association, held in Toronto. He discussed the implications of the Supreme Court of Canada's decisions in Clements v Clements and Ediger v Johnston and facilitated the discussion of hypothetical scenarios designed to illuminate how the law may have changed.
On July 15-18 2014, three members of the Tort Law Research Group, Erika Chamberlain, Jason Neyers, and Zoë Sinel, presented papers at the Seventh Biennial Conference on the Law of Obligations (Obligations VII): The Common Law of Obligations: Divergence and Convergence, held at Hong Kong University. Read more
Professors Jason Neyers (pictured left), Andrew Botterell, Erika Chamberlain, Stephen Pitel and Zoe Sinel have been awarded a $16,000 "Bridge Grant" from Western's internal SSHRC support program to conduct a one year project titled "Rights and Tort Law: A Canadian Perspective". Read more
On April 25, 2014 Western hosted the fifth annual Private Law Theory Workshop. This year marked a change to the usual format of the Workshop. Rather than address a variety of subjects, the Workshop’s participants selected a theme – a doctrine, a book, a particular issue in private law theory – for careful discussion and analysis. The doctrine of estoppel was well-chosen as the inaugural theme, providing the subject matter for insightful papers and rigorous debate. Western’s Dennis Klimchuk spearheaded the organization of this year’s workshop and shared some of his current scholarship on the field of estoppel in a paper entitled, “State Estoppel,” that questioned whether states, like individuals, are sometimes blocked from exercising rights they have, as a result of something they have said or done. The Workshop was attended by private law scholars from the University of Toronto, Queen’s University, and McGill University, as well as three members of the Tort Law Research Group: Jason Neyers, Erika Chamberlain, and Zoë Sinel.
Robert Stevens, the Herbert Smith Freehills Professor of English Private Law at University of Oxford, delivered the year’s second Tort Law Research Group public lecture on March 19, 2014. Speaking to an audience of students and faculty members, Professor Stevens carefully and vividly explained the difference between causation and contribution and the role that each play in the law’s assessing of responsibility. Read more
On February 11, 2014, Erika Chamberlain presented “Misfeasance in a Public Office: Ten Years Since Odhavji Estate v Woodhouse” at Osgoode Professional Development’s Tenth Annual Crown Liability Symposium in Toronto. Chamberlain addressed developments in the decade since the Supreme Court of Canada provided a modern restatement of this unique tort. She noted that, although the tort has been pleaded with increasing frequency, the number of successful cases remains small. Chamberlain also discussed the interaction of misfeasance in a public office with the tort of negligence, and explained that misfeasance may be available in some situations where the negligence action is struck out for lack of proximity or on account of “core policy” immunity. This occurred in two Ontario Court of Appeal cases, Granite Power v Ontario (2004) and Trillium Power v Ontario (2013). In both cases, the alleged bad faith on the government’s part was sufficient to ground an action in misfeasance.
On December 4, 2013, Professor Stephen G.A. Pitel delivered a talk entitled "Clarifying Causation" as part of the Seventh Annual Personal Injury Conference hosted by the Middlesex Law Association. He discussed the implications of the Supreme Court of Canada's decisions in Clements v Clements and Ediger v Johnston and facilitated group discussion of three hypothetical scenarios designed to illuminate how the law may have changed.
On October 29, 2013, Ellen Bublick, the Dan B. Dobbs Professor of Law at the University of Arizona’s James E. Rogers College of Law, delivered the opening Tort Law Research Group public lecture for the 2013-14 academic year. Speaking to an audience of students and faculty members, Professor Bublick provided a useful overview and analysis of the American approach to analyzing duties of care in negligence. Read more
On October 4-5, 2013, Professor Zoë Sinel participated in the inaugural meeting of the North American Workshop in Private Law Theory (NAWPLT) at McGill University. Professor Sinel’s paper, entitled “The Nature of Self-Help,” explored a heretofore underdeveloped area of private law theory and doctrine: the remedial actions parties may undertake independent of the direct participation of legal institutions. Read more
Professor Jason Neyers has been doing extensive research in tort law in the area of public nuisance. The traditional understanding of public nuisance is that it is catch all tort, modelled on section 80 of the Criminal Code of Canada that protects the public from interferences with its safety, health, property or comfort. Neyers’ project reconceptualizes public nuisance as a more manageable, distinctive and focused tort that exists to protect everyone’s exercise of his or her public rights. Read more
Professors Stephen GA Pitel, Jason W Neyers and Erika Chamberlain are the editors of a new international tort law collection, Tort Law: Challenging Orthodoxy. The chapters in this book were originally presented at Western in July 2012 at the Sixth Biennial Conference on the Law of Obligations.
The Tort Law Research Group is pleased to announce that the London firm of Legate & Associates LLP has renewed its sponsorship of its public lectures for the 2013-14 academic year. [Read more]
As of July 2013, Zoë Sinel has been appointed an Assistant Professor at Western Law and has joined the Tort Law Research Group. [Read more]
On June 10-11, 2013, Professor Jason Neyers participated in the eighth International Remedies Discussion Forum in Prato, Italy. The goal of the forum was to bring together a small group of prominent remedies scholars from the US, Canada, Australia, Israel, Africa and Europe to discuss matters of common interest from a multi-disciplinary and multi-jurisdictional perspective. [Read more]
On May 23, 2013, Professor Stephen Pitel outlined some key recent tort law developments at the Middlesex Law Association's annual civil litigation conference in London, attended by approximately 100 lawyers and judges. These included Clements v Clements on the test for factual causation, Antrim Truck Centre Ltd v Ontario (Transportation) on the requirements for private law nuisance, and Loychuk v Cougar Mountain Adventures on the enforceability of a liability waiver.
On April 19-20, 2013 three members of the Tort Law Research Group presented papers at the fourth annual Private Law Theory Workshop, this year hosted by Queen’s University. The continued success of the Workshop illustrates the academic interest in private law theory for scholars based in central Canada. (Read more)
Professor Robert Solomon, leading scholar and senior author of Cases and Materials on the Law of Torts, has been named a Distinguished University Professor at Western University. [Read more]
Ernest Weinrib, the Cecil A. Wright Professor of Law at the University of Toronto, delivered the second Tort Law Research Group public lecture for the 2012-13 academic year on March 4. Professor Weinrib offered an approach to resolving some of the common law's more difficult problems in the law of causation in tort. [Read more]
Western Law faculty, staff and students may view Professor Weinrib's lecture on the Tort Law Research Group's Sakai Site.
On December 14, 2012, Professor Jason Neyers presented a paper entitled, "The Moral Basis of Public Nuisance" at the Moral Values and Private Law conference hosted by King's College London. [Read more]
LexisNexis has recently published the third edition of Gerald Fridman, QC's Introduction to the Canadian Law of Torts. The text, written for both students and practitioners, provides a concise overview of the law of torts in Canada. It provides a general framework of basic tort law principles and dedicated chapters on specific torts. It includes new material on remedies, vicarious liability, and invasion of privacy.
On November 5, 2012, Justice Robert Sharpe of the Court of Appeal for Ontario delivered the first Tort Law Research Group public lecture for the 2012-13 academic year. [Read more]
On October 4, 2012, Professor Jason Neyers provided a keynote address on injurious affection at the Ontario Expropriation Association London 2012 Reception. [Read more]
On September 21-22, 2012, the University of Toronto hosted an innovative conference to consider the extent to which the rule of law has implications for the content of private law. [Read more]
The Tort Law Research Group is proud to announce that the London firm of Legate & Associates LLP will be sponsoring the Public Lecture series in 2012-13. [Read more]
From June 17-20, Western Law was pleased to host the Sixth Biennial Conference on the Law of Obligations, with the theme of "Challenging Orthodoxy." [Read more]
On June 4, 2012, Professor Jason Neyers gave an invited lecture entitled "Re-conceptualizing the Tort of Public Nuisance" at the University of Oxford. [Read more]
Professor Chamberlain was among the speakers at the Paisley Snail International Conference, held in Paisley Scotland, to mark the 80th anniversary of the decision inDonoghue v Stevenson on May 26. [Read more]
On May 24, 2012, Professor Stephen Pitel was an invited speaker at the Middlesex Law Association's Annual "Straight from the Bench" conference in London. He reviewed the most significant tort law decisions from the Supreme Court of Canada and the Court of Appeal for Ontario over the past year. [Read more]
Three members of the Tort Law Research Group recently presented papers at the annual Private Law Theory Workshop, hosted by the University of Toronto Faculty of Law. [Read more]