NEW DIRECTIONS FOR THE CIVIL LIABILITY OF PUBLIC AUTHORITIES IN CANADA

Abstract

Following a trend which began in the late 1970s in England, Canadian courts are becoming increasingly willing to expand the scope of civil liability for decisions made by public authorities. The authors suggest that this trend is the result of a shift in philosophy by the Supreme Court of Canada from allowing decisions of public authorities to be reviewed solely by the electorate to the review of these decisions by the courts. Tracing recent developments of the law relating to the liability of public authorities in Canada, the authors summarize the current state of the law and examine early legislative responses.