Ellen Vandergrift
Clarification of requirements of knowing receipt
If a husband benefits from his wife’s misappropriation of funds, to what extent can he be held liable to account for those funds? The...
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Ellen Vandergrift
- Jan 31, 2018
- 2 min
Intentional torts must be pleaded with "clarity and precision"
Ceballos v. DCL International Inc., 2018 ONCA 49, is a reminder to lawyers that the pleading of intentional torts must meet a stringent...
Ellen Vandergrift
- Sep 29, 2015
- 5 min
Relevance of detriment and importance of evidence in breach of confidence claim
No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCSC 1698 contains an excellent review of a breach of confidence claim in the...
Ellen Vandergrift
- Aug 30, 2015
- 2 min
Judgments fail to differentiate between two types of conspiracy
Two recent judgments from the British Columbia Supreme Court demonstrate a failure on the part of the court to properly differentiate...
Ellen Vandergrift
- Jul 30, 2015
- 3 min
Continuing confusion on how to plead third party interference
OHB Construction Co. v. Potash Corp. of Saskatchewan Inc., 2015 NBQB 80, illustrates the continuing confusion regarding the torts of...
Ellen Vandergrift
- Jun 24, 2015
- 4 min
Pyrrhic victory results from failure to bring evidence of damages for breach of fiduciary duty
In Glionna v. Stiller, 2015 ONSC 2431, the corporate plaintiff successfully sued a former director for breach of fiduciary duty, but...
Ellen Vandergrift
- Jun 10, 2015
- 3 min
Clarification of standard of proof for fraud
In Smysniuk v Stecyk, 2015 SKCA 54, the Saskatchewan Court of Appeal squarely addresses the proper standard of proof in cases of fraud....
Ellen Vandergrift
- Jun 3, 2015
- 3 min
Creative argument rescues claim for causing loss by unlawful means
Fundraising Initiatives v. Globalfaces Direct, 2015 ONSC 1334, is a fine example of how creative argument can rescue pleadings from being...
Ellen Vandergrift
- May 28, 2015
- 4 min
Possible expansions to claims for breach of confidence
In Grant v. Winnipeg Regional Health Authority, 2015 MBCA 44, the Manitoba Court of Appeal has signalled a potential willingness to...
Ellen Vandergrift
- May 20, 2015
- 3 min
Damages "at large" for inducing breach of contract
In Northbridge Consulting Services Inc. v. Quigley, 2014 NSSC 361, Northbridge sued three former employees for breach of contract, and...
Ellen Vandergrift
- May 13, 2015
- 2 min
Leave to amend should be denied only in the clearest of cases
Leanne Tran was dismissed for unprofessional conduct from a medical residency programme at the University of Western Ontario. She sued...
Ellen Vandergrift
- May 6, 2015
- 2 min
Beware the potential cost consequences of pleading intentional torts
Lawyers are very aware of the negative cost consequences of an unfounded pleading of fraud, and may avoid pleading fraud in an effort to...
Ellen Vandergrift
- Apr 29, 2015
- 4 min
"Poster child" for the tort of unlawful means civil conspiracy
Canadian Hedge Watch Inc. v. Street, 2015 ONSC 454, identified by the chambers judge as a "poster child " for the tort of unlawful means...
Ellen Vandergrift
- Apr 22, 2015
- 6 min
Business (torts) as usual, for the most part
It has been a little over a year since the SCC clarified the tort of causing loss by unlawful means in A.I. Enterprises Ltd. v. Bram...