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Justice Beverley McLachlin and Tort Law: The Good, the Bad, and the Puzzling

No judge has had a greater influence on modern Canadian tort law than Justice Beverley McLachlin. During her 28 years on the Supreme Court she sat on all but 13 of the 145 torts cases that came before the Court. Nine of the 13 she missed came during her first year. She was present for every torts hearing from outside Quebec between 1992 and 2002, and for every torts hearing from 2002 until she retired in 2017. She was in the majority in 81.8% of the torts cases on which she sat, and gave the majority judgement in 25.7% of them. Her most important contributions were the articulation of the rights of women and other survivors of sexual battery (the good) and in developing and applying a template for the recognition of novel negligence duties of care based on proximity (the bad). This article searches for themes and patterns in these judgments, including the triumphs, the failures, and the puzzlers.