Insights

Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.

Can the City Sue me for Negligence or Nuisance?

By Ava Wolf|April 3, 2025

The jurisprudence on municipal law is well flushed out when it comes to a city’s obligations to its patrons, but when we flip this around to consider a citizen’s obligation to the city (or more broadly, the community as a whole), the law is much more nuanced. The applicable remedy for a municipality vexed by a citizen remains in enforcement of its statues and bylaws, but not in tort.

The SCC Expands the Cause of Action for Constructive Taking

By Laura Warner & Sarah C. Miller|November 30, 2022

The October decision by the Supreme Court of Canada in Annapolis Group Inc v Halifax Regional Municipality may cause governments to codify the previously held assumption that there will be no compensation for lands with rejected development permits.

Tort Liability in a COVID World, Part 3: Government Oversight of the Cargill Beef Plant

By Kaila Eadie & Laura Warner|May 5, 2020

With the easing of restrictions across Canada, including at food processing plants, can governments be held liable for future outbreaks? Laura Warner and Kaila Eadie examine the principles that impact government liability in these unique circumstances.