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Reasonable Foreseeability Cannot be Clouded by Hindsight

November 26, 2018

By overturning the Court of Appeal, the Supreme Court of Canada (SCC) in Rankin’s Garage & Sales v JJ2018 SCC 19 sent a strong reminder that the foreseeability of harm remains the critical limiting principle of the law of negligence.  In this case, a minor plaintiff suffered catastrophic brain injuries following an accident in a stolen vehicle operated by an unlicensed, inexperienced, minor friend. The teens stole the vehicle from a local garage, Rankin’s Garage & Sales, after having consumed alcohol and marijuana.

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