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  • civil consequences of a breach of statute accounts for 1 out of 812 casebriefs.

Style of causeRatio

The Queen (Can) v Saskatchewan Wheat Pool, [1983] 1 SCR 205

Canada does not recognize a common law tort of statutory breach
** 1) Civil Consequences of breach of statute should be subsumed in the law of negligence
** 2) The notion of a nominate tort of statutory breach giving a right to recovery merely on proof of breach and damages should be rejected, as should the view that unexcused breach constitutes negligence per se giving rise to absolute liability
** 3) Proof of statutory breach, causative of damages, may be evidence of negligence
** 4) The statutory formulation of the duty may afford a specific, and useful, standard of reasonable conduct