Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: duty of care

Municipalities Can’t Bike Around Risk Management

Posted in Case Comments, Occupiers Liability Act

On February 16, 2017, the Supreme Court of Canada refused leave to appeal the 2016 decision of the Ontario Court of Appeal in Campbell v. Bruce (County): a case in which an Ontario municipality that operated a mountain biking adventure park (the “Bike Park”)  was found liable, as occupier, for the accident that rendered cyclist Stephen Campbell a quadriplegic.… Continue Reading

Indeterminate Liability of Auditors and the Dangers of Partial Summary Judgment

Canadian Imperial Bank of Commerce v Deloitte & Touche, 2016 ONCA 922

Posted in Case Comments, Procedure, Professions

In a decision released on December 8, 2016, the Ontario Court of Appeal allowed an appeal from partial summary judgment, holding that issues of indeterminate auditor liability should proceed to trial.

Facts

In 1998, an accounting fraud was discovered at Philip Services Corp. (“Philip”), a publicly traded company. The Plaintiffs alleged that Philip’s auditors, Deloitte and Deloitte Touche Tohmatsu (“Deloitte”) gave unqualified opinions in connection with its audits of Philip’s consolidated financial statements for the financial years ending December 31, 1995 and 1996.… Continue Reading

Are pre-contractual representations “continuing”? Even if the contracting parties change?

Posted in Case Comments, Contracts, Corporate Law

Circumstances change and what is true today may not be true tomorrow. For that reason, some representations carry with them the obligation to advise the representee if the relevant circumstances change. These are usually referred to as “continuing” representations.

But can a continuing representation carry with it the obligation to update a third party, to whom the representation was not even made? The UK Supreme Court says it can in Cramaso LLP v Ogilvie-Grant, Earl of Seafield and Others, a case with a peculiar set of facts which may have broad implications for parties engaged in pre-contractual negotiations.

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The Second Opinion: What the heck did the Ontario Court of Appeal mean when it spoke of an “Implied Statutory Duty of Care”?

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Features, The Second Opinion

In the past decade, the staid law of negligence has undergone a number of interesting developments in Canada, focusing particularly on the threshold question of whether a duty of care is or is not owed by a particular plaintiff to a particular defendant in novel circumstances.

A recent ruling of the Ontario Court of Appeal, Rausch v. The Corporation of the City of Pickering, 2013 ONCA 740, has highlighted an interesting and relatively obscure aspect of this question.… Continue Reading

This Week at the SCC (20/08/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada has dismissed an application for leave to appeal the decision of the B.C. Court of Appeal in The Los Angeles Salad Company Inc. v. Canadian Food Inspection Agency 2013 BCCA 34, thereby confirming the reluctance of Canadian Common law courts to impose a private law tort duty upon regulators acting in the public interest.

The appellants exported carrots from the U.S. to Canadian retailors. As a result of a negligent inspection by the Canadian Food Inspection Agency (“CFIA”), the CFIA erroneously concluded that the carrots might be contaminated which caused the appellants … Continue Reading

Back to Basic: US Supreme Court to Hear Amgen and Clarify “Fraud-on-the-Market” Reliance Presumption in Class Actions

Posted in Case Previews, Class Actions, Corporate Law, Securities, Torts

The Supreme Court of the United States has announced it will hear the appeal in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, setting the stage for an important clarification of the use of the “fraud-on-the-market” reliance presumption in U.S. securities class actions. The Court first set out the presumption in its 1988 landmark decision in Basic Inc. v. Levinson, 485 U.S. 224 (1988). The Amgen decision will have an impact in Canada, where courts have grappled with the question of reliance in such cases. Generally, Canadian courts have been sceptical about importing a “fraud-on-the-market” approach, but … Continue Reading

UK Supreme Court to Consider Duty of Care for Negligent Misrepresentation

Posted in Case Previews, Torts

The United Kingdom Supreme Court has granted permission to appeal in a case involving the duty of care for negligent misrepresentation.  The appeal in Scullion will require the Court to consider whether a property surveyor, which prepared a valuation report for the property purchaser’s mortgagee, owed a duty of care to the purchaser himself, even though he acquired the property for investment rather than residential purposes.

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