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    BUSINESS TORTS IN CANADA

    • All Posts
    • Civil Fraud
    • Civil Conspiracy
    • Inducing Breach of Contract
    • Unlawful Means Tort
    • Conversion
    • Breach of Confidence
    • Breach of Fiduciary Duty
    • Injurious Falsehood
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    Clarification of requirements of knowing receipt
    Ellen Vandergrift
    • Jan 25, 2019
    • 2 min

    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...
    Intentional torts must be pleaded with "clarity and precision"
    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...
    Relevance of detriment and importance of evidence in breach of confidence claim
    Ellen Vandergrift
    • Sep 30, 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...
    Judgments fail to differentiate between two types of conspiracy
    Ellen Vandergrift
    • Aug 31, 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...
    Continuing confusion on how to plead third party interference
    Ellen Vandergrift
    • Jul 31, 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...
    Pyrrhic victory results from failure to bring evidence of damages for breach of fiduciary duty
    Ellen Vandergrift
    • Jun 25, 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...
    Clarification of standard of proof for fraud
    Ellen Vandergrift
    • Jun 11, 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....
    Creative argument rescues claim for causing loss by unlawful means
    Ellen Vandergrift
    • Jun 4, 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...
    Possible expansions to claims for breach of confidence
    Ellen Vandergrift
    • May 29, 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...
    Damages "at large" for inducing breach of contract
    Ellen Vandergrift
    • May 21, 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...
    Leave to amend should be denied only in the clearest of cases
    Ellen Vandergrift
    • May 14, 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...
    Beware the potential cost consequences of pleading intentional torts
    Ellen Vandergrift
    • May 7, 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...
    "Poster child" for the tort of unlawful means civil conspiracy
    Ellen Vandergrift
    • Apr 30, 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...
    Business (torts) as usual, for the most part
    Ellen Vandergrift
    • Apr 23, 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...