Tort Claims Against Public Authorities

Authors

  • The Honourable Justice Malcolm Rowe
  • Manish Oza

DOI:

https://doi.org/10.29173/alr2709

Abstract

When interactions between modern states and their citizens result in harm to individuals, the legal system is called upon to provide redress. Holding public authorities liable in tort is one solution the common law has developed to compensate individuals for harm incurred through state action. This article highlights the role that tort law plays in seeking redress against public authorities, and explores the extent to which tort law has converged with, or diverged from, other avenues of redress. After providing a brief history of tort claims against public authorities, we proceed to compare torts with judicial review, looking to their respective principles of liability, the formal aspects of bringing a claim, the substantive conditions of liability, and remedies. Through this comparison, we hope to elucidate the structure of the existing legal framework governing tort claims against public authorities.

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Published

2022-09-07

Issue

Vol 60, No 1

Section

Articles

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