HARRIS.TORT Flashcards
identify potential reforms to Canada’s plaintiff-friendly tort system
- 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
Define Joint & Several liability
plaintiff may recover (any or all) damages from (any or all) defendants regardless of share of liability
Define collateral source rule
Evidence of plaintiff’s collateral source need NOT be entered at trial (potential for over-compensation)
Define compensatory basis in the context of income replacement
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)
Define vicarious liability
Where one party is held responsible for the actions of another (examples: employer responsible for the actions of an employee)
Identify an advantage & a disadvantage of the joint & several liability reform
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)
Identify an advantage & a disadvantage of collateral source rule reform
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
Identify an advantage & a disadvantage of compensatory basis reform
ADVANTAGE: reduces possibility of over-compensation
DISADVANTAGE: interferes with intentional government tax break for injured party
Identify an advantage & a disadvantage of vicarious liability reform
ADVANTAGE: discourage search for deep pockets
DISADVANTAGE: all involved parties should be held responsible regardless of level of liability
How does joint & several liability increase efficiency vs proportional liability
reduces time & costs: promotes pre-trial settlement since damages do not have to be apportioned