In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the context of a family law proceeding. Significantly, it denied the creation of the novel tort of “family violence.” In doing so, it clarified the requirements for introducing tort claims in […]
The Supreme Court of Canada (“SCC”, or the "Court") will revisit the question of when a contract formed in one province is sufficiently connected to a tort claim to establish jurisdiction over an out-of-province defendant. On January 11, 2024, the SCC granted leave to appeal [40696] the decision in Sinclair v Amex Canada Inc., 2023 […]
The Supreme Court of Canada (“the Court”) has recognized that expression promoting equality by countering harmful speech is worthy of heightened protection because of its relation to Canadian Charter of Rights and Freedoms [Charter] s. 15(1) values, which bring it closer to the core values animating s. 2(b).
This is a special guest contributor article. On June 17, 1999, the Supreme Court of Canada handed down two decisions dealing with the same topic. One of them, Bazley v. Curry, has become the leading Canadian case on vicarious liability; the other one, Jacobi v. Griffiths is less well-known. A quantitative indication of their different […]
The Supreme Court of Canada (“SCC”) will soon comment on the compelling question of how far Crown immunity stretches. Having granted leave to appeal in Attorney General of Canada v Power, 2022 NBCA 14, the SCC will soon provide clarity as to whether or not the Crown can be held liable for damages for passing […]
In Owsianik v Equifax Canada Co., 2022 ONCA 813 [Equifax], the Ontario Court of Appeal (“ONCA”) clarified the scope of the intrusion upon seclusion tort. In dismissing three separate appeals to certify class proceedings, the Court held that negligence leading to a third party committing intrusion upon seclusion does not itself amount to the tort […]
Content Warning: this article has some descriptions of violence and abuse that may be triggering to some readers* Justice Mandhane of the Ontario Superior Court of Justice (“ONSC” ) has re-framed how family violence is addressed in divorce proceedings in the recent case of Ahluwalia v Ahluwalia, 2022 ONSC 1303 [Ahluwalia]. Previously, survivors of family […]
The Supreme Court of Canada (“SCC”) made important strides in determining the scope of immunity for Crown prosecutors when dealing with third party interests. In Ontario (Attorney General) v Clark, 2021 SCC 18 [Clark], the SCC faced the claims of three police officers who sought vindication after several Crown attorneys allowed unsubstantiated claims of police […]
If one is engaged in public discourse, are comments that might damage another’s reputation protected? This is the question to be taken up in Glen Hansman v Barry Neufeld, SCC Case No. 39796, and a central concern of anti-SLAPP legislation, which seeks to strike a balance between protecting reputation and the value of rigorous debate. […]
On November 18, 2021 the Supreme Court of Canada (“SCC” or “The Court”) released its decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 [Trial Lawyers]. At issue was whether an insurer is estopped from denying coverage if it was previously not aware of […]