The Impact of U.S. Tort Law in Canada

This paper briefly summarizes some of the reasons offered by Professor Peter Cane for the minimal impact that U.S. tort law has had on the tort law of Australia and New Zealand. It discusses this matter from the perspective of Canadian tort law. It suggests that, for a variety of reasons, Canada is in a unique position; it shares some of the same characteristics of the Commonwealth countries which discourage the adoption of U.S. tort law, but at the same time is exposed to countervailing factors which tend to bring Canadian and U.S. tort laws closer together. It illustrates this point by identifying a few characteristics of Canadian tort law which are very American.