... as the law has developed it would not be appropriate to deny to plaintiffs in this province a common law remedy available to plaintiffs in other provinces and in other common law jurisdictions. (vealelaw.com)
Furthermore, it has yet to be determined whether a public law remedy is available. (newlawjournal.co.uk)
If it is not then the case for a private law remedy is arguably stronger. (newlawjournal.co.uk)