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Category Archives: Torts

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Order in the Court? The Van Breda Trilogy – Part II – A New Test for Jurisdiction Simpliciter

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Media, Procedure, Torts

The Supreme Court of Canada’s Van Breda Trilogy – and its judgment in Van Breda in particular – endorses a new approach to jurisdiction simpliciter focused on categories of prima facie jurisdiction. Building on the Ontario Court of Appeal’s judgment, which revised the old Muscutt test, the Court has attempted to introduce greater clarity and… → Read More

Order in the Court? The Van Breda Trilogy – Part I – An Overview

By Brandon Kain, Elder C. Marques and Byron Shaw on Posted in Conflict of Laws, Constitutional, Procedure, Torts

Order in the Court? The Van Breda Trilogy – Part I – An Overview In three cases released on April 18, 2012, the Supreme Court of Canada substantially reformulated the common law principles of private international law. In the coming weeks, Canadian Appeals Monitor will provide in-depth coverage of the Court’s judgments in Van Breda,… → Read More

Shoulda Woulda? Alberta Court of Appeal Considers the Mental Element of the Tort of Civil Conspiracy

By Ronald Podolny on Posted in Class Actions, Professions, Torts

Introduction The Alberta Court of Appeal has provided its latest contribution to the analysis of the tort of civil conspiracy. The case’s importance lies in its consideration of the mental element of the tort. The case is also interesting for the absence of any reference to the recent Ontario Court of Appeal jurisprudence on the matter,… → Read More

SCC Grants Leave to Appeal in Medical Negligence Case on Causation

By Byron Shaw on Posted in Health, Torts

The Supreme Court of Canada has granted leave to appeal in Ediger v. Johnston, a medical negligence case that addresses the test for factual and legal causation. Background In Ediger, an infant suffered acute and severe hypoxia-ischemic encephalopathy (damage to the central nervous system caused by inadequate oxygen) during delivery. The injury was caused by… → Read More

The Backside of a Truckstop: SCC to Rule on Balancing Competing Interests in Nuisance Cases

By Elder C. Marques on Posted in Construction and Real Estate, Torts, Transportation

The Supreme Court of Canada has granted leave to appeal in Antrim Truck Centre Ltd. v. Her Majesty the Queen in Right of the Province of Ontario, a case that is expected to provide clarity about the law of nuisance, particularly in cases where the social utility of the defendant’s activity is arguably very high…. → Read More

BCCA May Consider the Test for Leave to Commence an Action Pursuant to the New Secondary Market Liability Provisions

By Angela Juba and Nicholas Isaac on Posted in Financial Services, Procedure, Torts

The British Columbia Court of Appeal may soon consider the test for a purchaser or vendor in the “secondary market” to obtain leave to commence an action for misrepresentation under Part 16.1 the BC Securities Act.  Leave to appeal has been filed by the plaintiff in Round v. MacDonald, Dettwiler and Associates Ltd.  This will… → Read More

U.S. Supreme Court Rules on Enforceability of Arbitration Clauses

By Ronald Podolny on Posted in Class Actions, Contracts, Procedure, Torts

Introduction The United States Supreme Court has revisited the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue was the remedial legislation entitled Credit Repair Organization Act (“CROA”), which provides consumers with “the right to sue a credit repair organization” that violates the Act. Decisions Below… → Read More

OCA Recognizes Privacy Tort of Intrusion Upon Seclusion

By Byron Shaw on Posted in Torts

Those of you patiently awaiting the answer to the question posed in my previous post: “Is There a Tort of Invasion of Privacy in Ontario?”, shall wait no longer. The Ontario Court of Appeal has now answered the question with a resounding, albeit slightly qualified “Yes”, in an extremely thorough judgment authored by Sharpe J.A…. → Read More

OCA to Consider Jurisdiction of Superior Court Over Construction-Related Claim Against Municipality

By Adam Ship on Posted in Class Actions, Construction and Real Estate, Torts

Summary The OCA will soon decide whether the Ontario Superior Court, as opposed to the Ontario Municipal Board, has jurisdiction over a claim by a class of failed businesses against a municipality for damages flowing from a local construction project. Decision The case involved a construction project by the City of Toronto and the Toronto… → Read More

UK Supreme Court to Consider Duty of Care for Negligent Misrepresentation

By Brandon Kain on Posted in 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… → Read More

Vale Vindicated: Ontario Court of Appeal Finds no Liability in Toxic Tort Class Action; Plaintiffs Seek Leave to Appeal to the SCC

By Michael Rosenberg on Posted in Class Actions, Torts

Vale Canada Ltd. (formerly Inco Ltd.) was vindicated in a high-profile appeal that clarifies the law of environmental torts. In Smith v. Inco Ltd., (formerly Pearson v. Inco Ltd.), the Ontario Court of Appeal reversed a trial decision awarding $36 million to residents of Port Colborne who had alleged that Vale’s refinery diminished their property… → Read More

U.S. Supreme Court Affirms a Policy Preference for Arbitration

By Ronald Podolny on Posted in Contracts, Procedure, Professions, Torts

The United States Supreme Court has allowed the appeal in KPMG LLP v. Robert Cocchi, reinforcing its policy preference for arbitrability, even in cases where some causes of action are arbitrable, while others are not. In particular, the Court stated that “[a] court may not issue a blanket refusal to compel arbitration merely on the… → Read More

U.S. Top Court will Decide Right to Sue Extraterritorial Corporations

By Paul Fruitman on Posted in Torts

On October 17, 2011, the United States Supreme Court agreed to consider whether the country’s Alien Torts Statute (ATS) applies to corporations.  The appeal arises in the case of Nigerian residents who claim that Dutch, British, and Nigerian corporations aided and abetted the Nigerian government during the 1990s in committing violations of customary international law, including… → Read More

SCC to Reconsider the “Material Contribution” Test for Causation

By Brandon Kain on Posted in Class Actions, Professions, Torts

The Supreme Court of Canada has granted leave in an appeal that may significantly limit liability in tort.  The case, Clements v. Clements, will require the Court to reconsider the “material contribution” test for causation, and in particular, whether it should be restricted to two narrow situations. Decisions Below In the judgment below, Clements (Litigation Guardian of) v. Clements, the British Columbia Court of… → Read More

Is There a Tort of Invasion of Privacy in Ontario?

By Byron Shaw on Posted in Torts

Is there a tort of invasion of privacy in Ontario? The Ontario Court of Appeal may finally settle this stirring question in an appeal scheduled to be heard on September 29, 2011. In Jones v. Tsige, Jones and Tsige worked at different branches of the Bank of Montreal (BMO). Jones did her personal banking with… → Read More