Knowledge Centre

Reasonable Foreseeability Cannot be Clouded by Hindsight

Shawn O'Connor
Kate Agyemang
November 2018 Kelly Santini LLP, Ontario

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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