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
The first judgment of 2014 rendered by the Supreme Court of Canada, Vivendi Canada Inc. v. Dell’Aniello, 2014 SCC 1 (“Vivendi”), deals with the conditions for authorization of a class action in Quebec. The judgment has several important implications for Canadian businesses that are likely to be involved in class action proceedings.
First, the Court held that the “commonality of issues” test for authorization is satisfied by even a single common question, as long as it can serve to advance the resolution of a “not insignificant portion of the dispute”. Second, the Court stated that the answer … Continue Reading
A recent ruling of the British Columbia Court of Appeal — Byatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558 — provides useful guidance regarding the unique test to be applied on a motion to stay an appeal court’s ruling, pending the conclusion of a leave-to-appeal application before the Supreme Court of Canada. In so doing, the BCCA also shed indirect (but useful) light on the somewhat opaque test applied by the SCC in determining such applications for leave to appeal.
As is well known, most appeals to the Supreme Court of Canada can only be commenced … Continue Reading