JUDICIAL ACTIVISM IN PRIVATE LAW
AbstractWhile private law is generally not subject to the Charter of Rights and Freedoms, the decision by the Supreme Court of Canada to consider policy issues when determining whether or not a duty of care in tort should exist has had important implications for the development of the law. Rather than simply focussing on legal precedent and principle in deciding cases, the Supreme Court has placed great emphasis on the policy implications of tort law judgments. Although broad policy issues must be considered by the Court in developing the common law, more narrow social, economic, or political considerations ought not to be. The Supreme Court must consider how far it wants to go into the area of policy even in the private law sphere.
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