In this area, if all the states in Australia took on proportionate liability but New Zealand stayed with joint and several liability, I cannot see how a plaintiff who had suffered loss in Australia as the result of negligence of the Australian office of an international accounting firm could bring proceedings in New Zealand and try to take advantage of joint and several liability there because, both in New Zealand and here, and also in Canada as the result of a decision of the Supreme Court of Canada last year, in any interstate or international tort claim one looks primarily to the law of the place where the tort was committed.

As a tort lawyer, I am well aware of the fact that the law of torts is already a very inadequate mechanism for compensating people who are injured in road accidents and who suffer industrial injuries.

On motion of Brent St-Denis, it was agreed That Bill C-14 be amended by adding after line 5 on page 135 the following: " 268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3), 174(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject" .

Two years later, Royal Consent was signified again when Parliament debated and passed the Crown Liability Act, which made the federal Crown liable in tort for damages in much the same way as if it were a natural person.

tort or delict claims for damage to tangible property that do not arise from a contractual relationship.

It is, however, for each Member State to determine the nature of its tort rules and of the penalties applicable to violations of domestic data protection provisions.