Doctrine of the "thin skulled plaintiff": Difference between revisions

From Riverview Legal Group
Jump to navigation Jump to search
Access restrictions were established for this page. If you see this message, you have no access to this page.
(Created page with "Category:Tort Law Category:Legal Principles ==[http://canlii.ca/t/23z3w R. v. Leyton, 2008 ONCJ 757 (CanLII)]== <b><u>There is a principle in the law of torts that a...")
 
Line 4: Line 4:
==[http://canlii.ca/t/23z3w R. v. Leyton, 2008 ONCJ 757 (CanLII)]==
==[http://canlii.ca/t/23z3w R. v. Leyton, 2008 ONCJ 757 (CanLII)]==


<b><u>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.</b></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>

Revision as of 19:32, 5 May 2020


R. v. Leyton, 2008 ONCJ 757 (CanLII)

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.