Ellen VandergriftJan 25, 20192 minClarification of requirements of knowing receiptIf a husband benefits from his wife’s misappropriation of funds, to what extent can he be held liable to account for those funds? The...
Ellen VandergriftJan 31, 20182 minIntentional 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 VandergriftSep 30, 20155 minRelevance of detriment and importance of evidence in breach of confidence claimNo Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCSC 1698 contains an excellent review of a breach of confidence claim in the...
Ellen VandergriftAug 31, 20152 minJudgments 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 VandergriftJul 31, 20153 minContinuing confusion on how to plead third party interferenceOHB Construction Co. v. Potash Corp. of Saskatchewan Inc., 2015 NBQB 80, illustrates the continuing confusion regarding the torts of...
Ellen VandergriftJun 25, 20154 minPyrrhic victory results from failure to bring evidence of damages for breach of fiduciary dutyIn Glionna v. Stiller, 2015 ONSC 2431, the corporate plaintiff successfully sued a former director for breach of fiduciary duty, but...
Ellen VandergriftJun 11, 20153 minClarification of standard of proof for fraudIn Smysniuk v Stecyk, 2015 SKCA 54, the Saskatchewan Court of Appeal squarely addresses the proper standard of proof in cases of fraud....
Ellen VandergriftJun 4, 20153 minCreative argument rescues claim for causing loss by unlawful meansFundraising Initiatives v. Globalfaces Direct, 2015 ONSC 1334, is a fine example of how creative argument can rescue pleadings from being...
Ellen VandergriftMay 29, 20154 minPossible expansions to claims for breach of confidenceIn Grant v. Winnipeg Regional Health Authority, 2015 MBCA 44, the Manitoba Court of Appeal has signalled a potential willingness to...
Ellen VandergriftMay 21, 20153 minDamages "at large" for inducing breach of contractIn Northbridge Consulting Services Inc. v. Quigley, 2014 NSSC 361, Northbridge sued three former employees for breach of contract, and...
Ellen VandergriftMay 14, 20152 minLeave to amend should be denied only in the clearest of casesLeanne Tran was dismissed for unprofessional conduct from a medical residency programme at the University of Western Ontario. She sued...
Ellen VandergriftMay 7, 20152 minBeware 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 VandergriftApr 30, 20154 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 VandergriftApr 23, 20156 minBusiness (torts) as usual, for the most partIt 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...