Runnymede Radio The Common Law and the Judicial Role
Jul 7, 2025
In this engaging discussion, legal minds Alexi Wood, a skilled lawyer from St. Lawrence Barristers, Asher Honickman, president of Advocates for the Rule of Law, and Christoph Pike, an associate at McCarthy Tétrault, dive into the evolution of common law and the judiciary's role. They explore the potential recognition of family violence as a new tort, analyze landmark cases like Kaseki v. City of Toronto, and debate the balance between adapting legal standards to modern issues while maintaining judicial consistency. It's a thought-provoking dialogue on the future of law.
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Judges Shape Common Law Growth
- Canadian judges have significant power in developing common law, especially regarding new tort recognition.
- The Supreme Court's upcoming Alualia case exemplifies judicial balancing between law evolution and activism.
Common Law vs. Legislation Balance
- Courts must carefully consider if statutes leave gaps that common law can fill without overruling legislation.
- The Kosicki case illustrates the tension between evolving common law principles and comprehensive legislative schemes.
Evolving Torts Reflect Society
- The evolution of common law torts must reflect societal changes, like recognizing interspousal tort claims post-immunity.
- Courts should modernize how torts apply to address new and ongoing social harms progressively.