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

Tag Archives: economic tort

The Second Opinion: The SCC Narrows the Scope of the Tort of Unlawful Interference With Economic Relations

Posted in The Second Opinion

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

The contours of the tort of unlawful interference with economic relations have, heretofore, been “unsettled”, “confusing” and “inconsistent”.  The tort essentially provides redress when party “A” intentionally inflicts economic injury on party “B”  by use of unlawful means against party “C”.  What is the nature of the “unlawful” activity that can ground the tort?  What degree of intentionality is required to give rise to the tort?  Is the tort available concurrently with other causes of action?  These are the central questions that the Supreme Court of … Continue Reading

Do Equitable Ends Justify Expanding “Unlawful Means”? The Supreme Court of Canada Grants Leave in A.I. Enterprises Ltd. v. Bram Enterprises Ltd.

Posted in Case Comments, Class Actions, Competition, Contracts, Insurance, Procedure, Torts

Introduction

The Supreme Court has granted to leave to appeal in a case that has the potential to elucidate an area of tort law where confusion has reigned for far too long. In the words of the House of Lords, “the law in this area is a mess.” The subject that has engendered this confusion is the scope of the “unlawful means” element in the economic torts, and in particular, in the torts of intentional interference with economic interests and intentional interference with contractual relations.

Continue Reading