Doctrine of the "thin skulled plaintiff": Difference between revisions
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== | {{Citation: | ||
| categories = [Tort Law], [Legal Principles] | |||
| shortlink = https://rvt.link/60 | |||
}} | |||
==R. v. Leyton, 2008 ONCJ 757 (CanLII)<ref name="Leyton"/>== | |||
There is a principle in the law of torts that <b><u>a person takes their complainant as they find them meaning that the complainant's particular sensitivities to something does not constitute a defense for a defendant.</b></u> This is known as <b><u>the doctrine of the "thin skulled plaintiff"</b></u> and applies where you have <u>someone who is more sensitive or susceptible to something than an average individual due to injury or natural predisposition.</u> | There is a principle in the law of torts that <b><u>a person takes their complainant as they find them meaning that the complainant's particular sensitivities to something does not constitute a defense for a defendant.</b></u> This is known as <b><u>the doctrine of the "thin skulled plaintiff"</b></u> and applies where you have <u>someone who is more sensitive or susceptible to something than an average individual due to injury or natural predisposition.</u> | ||
<ref name="Leyton">R. v. Leyton, 2008 ONCJ 757 (CanLII), <https://canlii.ca/t/23z3w>, retrieved on 2023-05-18</ref> | |||
==References== | |||
Latest revision as of 16:31, 18 May 2023
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 604 |
| Page Categories: | [Tort Law], [Legal Principles] |
| Citation: | Doctrine of the "thin skulled plaintiff", CLNP 604, <https://rvt.link/60>, retrieved on 2024-11-23 |
| Editor: | Sharvey |
| Last Updated: | 2023/05/18 |
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R. v. Leyton, 2008 ONCJ 757 (CanLII)[1]
There is a principle in the law of torts that a person takes their complainant as they find them meaning that the complainant's particular sensitivities to something does not constitute a defense for a defendant. This is known as the doctrine of the "thin skulled plaintiff" and applies where you have someone who is more sensitive or susceptible to something than an average individual due to injury or natural predisposition.
References
- ↑ 1.0 1.1 R. v. Leyton, 2008 ONCJ 757 (CanLII), <https://canlii.ca/t/23z3w>, retrieved on 2023-05-18
