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

Tag Archives: intentional interference

This Week at the SCC (31/01/14)

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

Posted in The SCC Monitor

The Supreme Court of Canada this week released two judgments of interest to Canadian businesses and professions, the first dealing with the scope of the “unlawful means” required to ground the tort of interference with economic relations and the second addressing the permissable use of a pension surplus.

In A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12, the Supreme Court brought some clarity to the so-called “unlawful means” tort, affirming a narrow definition of “unlawful means”. There has been an ongoing debate in Canada as to whether “unlawful means” encompassed any act without legal justification or only … 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


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.

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