However, this approach should be rarely used to ensure that the fundamental principles of tort law for proof of causation are not undermined. (slaw.ca)
The uncertainty resulting from inconsistent lower court decisions on the existence of a tort of harassment will likely not be resolved until an appellate level decision is rendered. (labourandemploymentlaw.com)
In no Canadian case has waiver of tort been allowed to proceed as a stand - alone claim, which might have the practical effect of protecting the class representative from documentary production. (slaw.ca)