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In Merrifield v. Canada (Attorney General) (Ont CA, 2019) the Court of Appeal torts / new torts (harrassment) 20-43 torts / intentional infliction of mental suffering 44-54 In Colistro v. Tbaytel (Ont CA, 2019) the Court of Appeal torts / intentional infliction of mental suffering 14-15, 22-23, 26-27 In Bonello v. Gores Landing Marina (1986) Limited (Ont CA, 2019) the Court of Appeal ... negligence / duty of care 24-26 negligence / failure to act 32-35 negligence / overt acts 37-39 Torts - Effect of Administrative Procedures Lam v. University of Western Ontario (Ont CA, 2019) Torts - Conspiracy - Merger Doctrine McHale v. Lewis (Ont CA, 2018) Torts - Defamation - Absolute Privilege Statutes - Interpretation
Torts - Negligence - Indemnity
Torts - Conversion
Torts - Negligent Misrepresentation - Damages
Torts - Malicious Prosecution
Torts - Privacy
Tort - Venue
Torts - Defamation - Qualified Privilege
Torts - Defamation
Torts - Inducing Breach of Contract
Torts - Malicious Prosecution Torts - Abuse of Process
Torts - Intentional Infliction of Mental Suffering
Torts - Negligent Misrepresentation - Defects in Real Property on Sale
Torts - Negligence - Wilful Misconduct
Torts - Civil Fraud
Torts - Piercing the Corporate Veil
Tort - Abuse of Process Tort - Civil Contempt
Torts - Unlawful Interference with Economic Relations
Torts - Civil Fraud
Torts - Battery - Consent
Torts - Nuisance - Private
Torts - Proceedings Against the Crown
Torts - Recklessness
Torts - Intimidation Torts - Intentional Infliction of Mental Suffering
Torts - Statutory Tort - General
Torts - Negligence - Causation
Torts - Malicious Prosecution
Torts - Defamation Torts - Champerty and Maintenance Torts - Malicious Prosecution<> Torts - Intentional Interference with Economic Relations
Tort - Vicarious Liability
Tort - Defamation - Fair Comment Tort - Defamation - Remedies - Injunction
Torts - Conspiracy
Torts - Negligence - Elements
Torts - Charter
Torts - Conspiracy Torts - Intimidation
Torts - Damages - Subrogated OHIP Claim
Torts - Battery
Tort - Defamation Tort - Intentional Interference with Economic Relations
Torts - Negligence - Volenti Defence
Torts - Nuisance
Torts - Privacy
Torts - False Arrest/Imprisonment - Limitations
Torts - Defamation - Fair Comment Torts - Defamation - Aggravated Damages
Torts - Fraudulent Misrepresentation
Torts - Negligence - Contributory Negligence - Minors
Torts - Causation - Spoliation
Torts - Negligence - Duty of Care
Torts - Where Barred by Contract
Torts - Negligence - Elements
Torts - Negligence - Elements
Torts - Negligent Investigation Torts - Standard of Care - Evidence
Torts - Negligence - Standard of Care Torts - Defamation - Qualified Privilege
Torts - Negligence - Duty of Care - Public Authority
Torts - Defamation - Libel Notice Tort - Occupier's Liability - Duty of Care
Torts - Intentional Interference with Economic Relations Torts - Fraud - By Corporate Director
Torts - Conversion
Torts - Negligence - Duty of Care Torts - "Negligent Entrustment"
Torts - Misfeasance in Public Office
Torts - Fraudulent Misrepresentation
Torts - Negligence - Damages - Apportionment of Liability
Torts - Contribution and Indemnity
Torts - Negligence - Standard of Care
Torts - Conversion - Cheque Fraud
Torts - Negligence - Causation
Torts - Malicious Prosecution
Torts - Damages - Loss of Chance
Torts - Misfeasance in Public Office Torts - Vicarious Liability
Torts - Damages - Mental Injury
Torts - Battery - Informed Consent Torts - Medical Malpractice
Torts - Negligence - Occupier's Liability
Torts - Fraudulent Misrepresentation - Elements Torts - Fraud - Pleadings - Particulars
Tort - Negligent Misrepresentation Tort - Damages - Involuntary Parenthood Tort - Battery Tort - Sexual Assault
Torts - Misfeasance in Public Office Torts - Negligence - Elements
Torts - Causation - 'But For' Test Torts - Damages - Loss of Chance Torts - Solicitor's Negligence
Torts - Negligence - Duty of Care - Solicitor
Torts - Negligence - Crown Liability Torts - Negligence - Elements
Torts - Breach of Confidence
Negligence - Contributory Negligence - Municipalities - Road Maintenance Negligence - Standard of Care - Statutory Duties
Negligence - Duty of Care
Negligence - Duty of Care
Negligence - Anns/Cooper Negligence - Indeterminate Liability Torts - Conspiracy - Unlawful Means
Negligence - Duty of Care Williams v. Richard (Ont CA, 2018) ===== TORTS ------------------ Tort / negligent misrep leading case - [81] The motions judge was satisfied the plaintiffs had established four out of the five elements required to prove a claim of negligent misrepresentation, as set out in Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87: (1) the defendants owed them a duty of care; (2) the defendants made an untrue, inaccurate or misleading representation; (3) the defendants did so negligently; and (4) the plaintiffs suffered damage as a result. It was in this context that the motions judge described the Estimates as “deceptive documents” that were “replete with misrepresentations of commission, of omission, and of half-truth”. He explained, at para. 215: “Mr. Levitan had no training, experience, or justification from actual research to make any projections about the revenue streams for the new hotel in Toronto. What actually happened shows how inaccurate Mr. Levitan’s guesswork was.” [82] Despite these strong words, the motions judge held that the plaintiffs failed to establish the fifth required element: that they reasonably relied on the misrepresentation. ------------------ Tort / occupier's liability duty of care plus from the SCC Waldick v. Malcolm, [1991] 2 SCR 456, 1991 CanLII 71 (SCC) ------------------ Torts / "joint venture tort liability" - search this phrase for joint liability where defendants engaged in a "common purpose" ------------------ Torts / leading case on the elements of negligence Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 (CanLII), [2008] 2 S.C.R. 114, at para. 3. ------------------------------- Torts *** this case may use the Criminal Code as a tort standard: Ryan Wright v. United Parcel Service Canada Ltd., 2012 ONSC 3287 (CanLII) [Div Ct] ------------------------------- Torts / CICB / Trusts - survival of personal injury damage claims to estate: Nussbacher v. Criminal Injuries Compensation Board, 2006 CanLII 37416 (ON SCDC): [3] The Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, does not alter the common law principle that a right to compensation for injuries suffered by a person terminates with the death of the person. While s.38(1) of the Trustee Act, R.S.O. 1990, c. T.23, modified the common law principle that a personal action dies with the person, that section does not apply in the circumstances of this case. “Action” in s.38(1) refers to civil proceedings between a plaintiff and defendant (see Royal Canadian Legion Norwood (Alberta) Branch 178 v. Edmonton (City) (1994), 1994 ABCA 37 (CanLII), 16 Alta. L.R. (3d) 305 (C.A.) at paragraph 27). Section 38(1) does not refer to proceedings before an administrative tribunal to obtain compensation from a public fund. ------------------------------------- TORTS 23. Outaouais Synergest Inc. v. Lang Michener LLP, 2013 ONCA 526 (CanLII) [the last Aug 2013 case, has some tort stuff re negl misrep and "equitable fraud"] 33. Ferguson v. Birchmount Boarding Kennels Ltd., 2006 CanLII 2049 (Ont Div Ct, 2006) - mostly torts, but lots here on several issues, review carefully 77. St. Pierre v. Ontario (Minister of Transportation and Communications), [1987] 1 SCR 906: 'injurious affection' of land use (change in use of neighbour's land; akin to private nuisance) 29. Scott v. Ontario, [2002] O.J. No. 4111 (S.C.), at para. 31, aff’d [2003] O.J. No. 4407 (C.A.) [stress caused by the criminal process itself is not actionable] 61. Ardavicius v. Kairys, 2009 CanLII 29485 (Ont Div Ct, 2009) - adjoining landowners owe each other a duty of 'lateral support' with respect to each other's land, which is sometimes characterized as an easement; the result is that any actions by one which negatively effect the lateral support of the land of the other give rise to liability, whether it be characterized as nuisance, trespass or negligence 62. Meyknecht Lischer Contractors Ltd. v. Stanford, 2006 CanLII 36952 (Ont Div Ct, 2006) - a fence company installing a fence at the instruction of the property owner has no responsibility to ensure that it comply with local by-laws 63. R. v. Henderson, 2008 CanLII 17305 (Ont Div Ct, 2008) - consideration of riparian rights/negligence/Rylands in context of government flood control release causing damage to a dock 70. Collis v. Toronto Police Services Board, 2007 CanLII 36634 (ON SCDC) - an extensive consideration of the torts of false arrest and false imprisonment (and 'negligent investigation') in the context of the arrest of a protester on grounds of breach of recognizance; focus is on whether 'reasonable and probable grounds' for the arrest existed -------------------------- Tort / Damages - 'malice' and malicious prosecution, punitive damages; note that majority ruling starts at para 182 -------------------------- Tort / Negligent Prosecution Pate Estate v. Galway-Cavendish and Harvey (Township), 2013 ONCA 669 - negligent investigation in context of w.d.& mal prosecution -------------------------- Torts / Appeals Correia v. Canac Kitchens, 2008 ONCA 506 - re unpled issues on appeal and negligent inflict of emot suffering [para 44 plus] |
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