From: Harrington Matthew P. <>
Date: 24/02/2015 20:00:03 UTC
Subject: Civilising the Common Law

Dear Colleagues


I am working on a short piece, in which I take the position that the Canada Supreme Court has begun to import concepts of the civil law into the private law of contract and tort, or at least expand common law rules in directions that might reflect civil law values.  At present, it’s very skeletal.  I see this tendency, for example, in Bhasin where, in my view, the court adopts a view of good faith that fits nicely in the civil law, but is something of a development in the common law.  (I know some of you disagree with this view.)


I`m wondering if others see a similar trend? Or is this mountain out of molehill?


Best regards.



Matthew P. Harrington


Faculté de droit

Université de Montréal

Montréal, Québec