class actions, disabled rights, copyright, attorneys general, online speech, law schools, obesity, New York, mortgages, legal blogs, safety, CPSC, pharmaceuticals, patent trolls, ADA filing mills, international human rights, humor, hate speech, illegal drugs, immigration law, cellphones, international law, real estate, bar associations, Environmental Protection Agency, First Amendment, insurance fraud, slip and fall, smoking bans, emergency medicine, regulation and its reform, dramshop statutes, hotels, web accessibility, United Nations, Alien Tort Claims Act, lobbyists, pools, school discipline, Voting Rights Act, legal services programs
   
   
 
   

FORUM

« AGs and utilities, cont'd | Canadian Pain-and-Suffering Caps »

July 28, 2004


Liability in Canada: so near and yet so far

A February 16 Business Insurance survey of liability controversies in other countries ("Tort reform efforts not confined to United States") reports that in Canada "pain-and-suffering awards are capped at about $280,000 Canadian ($210,000)". Assuming this information is accurate, this is the first time I can recall reading about it in the U.S. press. Even the most obvious difference between Canadian and American litigation procedure -- the operation of a loser-pays rule there but not here -- is little explored in our press. Wouldn't it be helpful if American publications occasionally assigned a reporter to visit Toronto, Calgary or Vancouver and perhaps determine whether ordinary persons caught up in legal disputes in those cities are terrified by what American lawyers might believe to be the harshness of these rules, what the effects may be on dispute resolution and on liability insurance rates, and so on?

Posted by Walter Olson at 12:19 AM | TrackBack (0)



categories:
Comparative Law









 

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.