Lord Shaw of Dunfermline once remarked that if Res ipsa loquitur weren’t Latin, it would never have been elevated to the lofty heights of legal principle.* Eighty years later, the Supreme Court of Canada agreed, and the historic phrase has been banished from law practice in Canada. T
No, it isn’t a poisson d’Avril, which is how they say “April Fool’s Joke” in Quebec. On April 1 the province’s court of appeal held that, in blowing “flutes” during a three-year labour dispute, picketers did not attempt to “intimidate, threaten, impede or otherwise harm or attempt to