Does the general principle allow recovery in cases not falling within the traditional categories of recovery?
British Columbia, Canada
The following excerpt is from Canadian-Automatic Data Processing Services Ltd. v. Bentley, 2004 BCCA 408 (CanLII):
However, McLachlin J. explained at 789 that the general principle permitted recovery in cases not falling within the traditional categories: … [T]he traditional categories of recovery, while instructive, are not the final determinants of whether a claim lies. In most cases, the traditional categories of recovery can be reconciled with the general principles enunciated in Pettkus v. Becker, supra. But new situations can arise which do not fit into an established category of recovery but nevertheless merit recognition on the basis of the general rule.
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