REQUIREMENTS

The elements of the tort of causing loss by unlawful means are:

  1. Intention to cause economic harm to the plaintiff; 

  2. Interference with the plaintiff's economic relations by the use of unlawful means against a third party that is actionable by that third party, or would be actionable if the third party had suffered loss as a result; and

  3. Resulting economic loss to the plaintiff.  

 

A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12, at paras. 23 and 76.

NOTE:  As stated in Bram, at para. 2, there has been no generally accepted name for the tort: "It is variously referred to as 'unlawful interference with economic relations', 'interference with a trade or business by unlawful means', 'intentional interference with economic relations', or simply 'causing loss by unlawful means'." In Bram, Mr. Justice Cromwell referred to it either as "causing loss by unlawful means" or simply as the "unlawful means" tort, but subsequent cases still use the other terms.  

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