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The Common Law and the Judicial Role

Runnymede Radio

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Judicial Activism and the Evolution of Common Law Tort in Canada

This chapter examines the relationship between judges and the evolution of common law, focusing on the Supreme Court of Canada's case Alualia v. Alualia. It discusses the potential recognition of family violence as a new tort and the role of constitutional values in shaping tort law within private litigations.

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