Public Lecture by Professor Russell Brown

On Friday November 4, the Tort Law Research Group hosted its first public lecture of the 2011-12 academic year. Professor Russell Brown, from the University of Alberta, presented a lecture entitled “Inferring Cause-in-Fact."

In his lecture, Professor Brown explained when and why a finder of fact can draw an inference of causation from the negligent creation of risk, particularly in cases of scientific uncertainty. Professor Brown explained that legal fact-finding is distinct from scientific fact-finding, and exhorted judges to exercise reasoned judgment when determining the cause of a plaintiff's injury. At the same time, he criticized courts for making vacuous references to "common sense" as a justification of their causal inferences.

Professor Brown is an Associate Professor and Associate Dean of Graduate Studies at the University of Alberta Faculty of Law. He is also the Chair of the Board of the Health Law Institute and is a member of the bar in both British Columbia and Alberta. He recently published a new book, Pure Economic Loss in Canadian Negligence Law.

The lecture was well-attended by law students, faculty and local practitioners. The Tort Law Research Group is grateful to Cohen Highley LLP for sponsoring its public lectures in 2011-2012.

Click here to download an MP3 of the lecture.