HARRIS.TORT Flashcards

1
Q

identify potential reforms to Canada’s plaintiff-friendly tort system

A
  • replace joint & several liability with proportionate liability (and create a fund to be used for guilty parties who can’t pay)
  • eliminate collateral source rule
  • eliminate vicarious liability
  • change compensatory basis from gross to net
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2
Q

Define Joint & Several liability

A

plaintiff may recover (any or all) damages from (any or all) defendants regardless of share of liability

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3
Q

Define collateral source rule

A

Evidence of plaintiff’s collateral source need NOT be entered at trial (potential for over-compensation)

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4
Q

Define compensatory basis in the context of income replacement

A

refers to the basis for compensating loss of income, current practice uses a percentage of gross income which ignore taxes & work-related expenses that aren’t incurred when not working (potential for over-compensation)

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5
Q

Define vicarious liability

A

Where one party is held responsible for the actions of another (examples: employer responsible for the actions of an employee)

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6
Q

Identify an advantage & a disadvantage of the joint & several liability reform

A

ADVANTAGE: discourage the search for deep pockets

DISADVANTAGE: there is a cost to determining proportional liability (parties would tend to argue for a lower percentage)

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7
Q

Identify an advantage & a disadvantage of collateral source rule reform

A

ADVANTAGE: reduces possibility of over-compensation

DISADVANTAGE: plaintiff should not have to disclose because should be fully compensated for harm regardless of other sources of recovery

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8
Q

Identify an advantage & a disadvantage of compensatory basis reform

A

ADVANTAGE: reduces possibility of over-compensation

DISADVANTAGE: interferes with intentional government tax break for injured party

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9
Q

Identify an advantage & a disadvantage of vicarious liability reform

A

ADVANTAGE: discourage search for deep pockets

DISADVANTAGE: all involved parties should be held responsible regardless of level of liability

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10
Q

How does joint & several liability increase efficiency vs proportional liability

A

reduces time & costs: promotes pre-trial settlement since damages do not have to be apportioned

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