"Thin Skull" Damages into "Crumbling Skull" Damages - Bogoroch ...

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How Canadian Courts Have Turned “Thin Skull” Damages
into “Crumbling Skull” Damages:
What are the Implications
TABLE OF CONTENTS
PAGE
1. Introduction 3
II.
The Supreme Court of Canada’s Decision in Athey v. Leonati
A. History of the Action
2. Causation
3. Damages
4. Independent Intervening Events
5. Thin and Crumbling Skull Plaintiffs
III.
Determination of Liability in the case of Tortious and Non-Tortious Factors
Contributing to a Plaintiff’s Injury: The Implications of the Athey Decision
A. Principles Enunciated in Athey
2. Judicial Treatment of Athey
(1) Alderson v. Callaghan
(2) Dusk v. Malone
(3) Brown v. Canadian Tire Corp.
(4) Cottrelle v. Gerrard
3. Summary of the Implications of Athey as Applied to Tortious and Non-Tortious Factors
Contributing to a Plaintiff’s Injury