Economics and the Law
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No-Fault Automobile Insurance
In this article Christopher Bruce and Angela Tu Weissenberger respond to a recent paper which recommends that Alberta adopt a no-fault automobile insurance system. In their response, Dr. Bruce and Ms. Tu Weissenberger examine the deterrent effect of tort rules; the high cost of no-fault insurance systems; arguments concerning the role of lawyers; evidence concerning… Continue reading
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Case Comment: Boston v. Boston
The Supreme Court of Canada recently ruled in the case of Boston v. Boston. This was a case involving the variation of spousal support at the time of the husband’s retirement. He retired in 1997 and began to receive his pension. He applied to have the original support payment reduced, on the grounds that he… Continue reading
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The Deduction (?) of “Accelerated Inheritance” (Scott Beesley’s view)
In this article Scott Beesley discusses a requirement established by the Court of Appeal in its October 17, 2000 ruling in Brooks v. Stefura. This was that “accelerated inheritances” should be deducted from each plaintiff’s dependency award. The Court did not, however, state clearly what it meant by “accelerated inheritances,” nor did it specify how… Continue reading
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The Deduction of Accelerated Inheritance
In this article Chris Bruce discusses a requirement established by the Court of Appeal in its October 17, 2000 ruling in Brooks v. Stefura. This was that “accelerated inheritances” should be deducted from each plaintiff’s dependency award. The Court did not, however, state clearly what it meant by “accelerated inheritances,” nor did it specify how… Continue reading
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Case Comment: Madge v. Meyer
This article concerns a case in which there was no apparent loss of income following a farm owner’s injury. Mr. Beesley notes that it is critical to separate the farm income generated through the assistance of a friend or family member from the income earned by the injured farm owner. If the income generated by… Continue reading
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The Current Status of Survival of Actions Act Claims
In this article Christopher Bruce discusses two trial court decisions concerning the method by which claims for loss of earnings are to be calculated under the Survival of Actions Act. He argues that, although these two decisions clarify many of the outstanding issues in this area, a number of crucial problems remain unresolved. Continue reading
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Duty of Care
In this article, Christopher Bruce continues with the third in his series on the economic analysis of tort law. Dr. Bruce discusses the “duty of care” issues including the economic reasoning behind liabilities in torts. Continue reading
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Issues Arising in the Calculation of Damages Under the Survival of Actions Act (Part 1)
In this article Scott Beesley discusses the issues that arise in the calculation of damages under the Survival of Actions Act. Mr. Beesley addresses the possible size of the “necessities” deduction. Continue reading
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The Economics of Negligence Rules
As a continuation of his series, Christopher Bruce expands on the use of economic analysis in tort law. He argues the economic approach can also be used to cast light on the development of the tort rules of negligence. Continue reading
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Applying Economic Analysis to Tort Law
In this article Christopher Bruce expands the use of economic analysis in tort law. Dr. Bruce identifies the distinguishing characteristics of the economic approach versus the more traditional methods of legal analysis. This is the first of a series of articles to follow regarding the economic analysis of torts. Continue reading