By overturning the Court of Appeal, the Supreme Court of Canada (SCC) in Rankin’s Garage & Sales v JJ, 2018 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.
Reasonable Foreseeability Cannot be Clouded by Hindsight
November 2018 Kelly Santini LLP, Ontario