Simon looking earnest in Preveza, Greece

SimonShields@isp.com

Free Online Lawyer Consultations

Legal Guides
tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law) / animal cruelty / dogs & cats / wild animal law (all Canada)

home / about / testimonials / Conditions of Use

THE LATEST WORD

... what's this?

In Clark v. Ontario (Attorney General)
(Ont CA, 2019) the Court of Appeal ...

torts / negligence v malicious prosecution 53-65, 97-106

In Curley v. Taafe (Ont CA, 2019) the Court of Appeal stated as follows on
. tort / malicious prosecution: para 19-21, 2

In Gendron v. Doug C. Thompson Ltd. (Thompson Fuels) (Ont CA, 2019) the Court of Appeal ...
Torts - DOWNLOAD AND REVIEW ALL

Conversion - Willful Blindness
In Wescom Solutions Inc. v. Minetto (Ont CA, 2019) the Court of Appeal ... [para 8-12]

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]

Law Society Number #37308N / Website © Simon Shields 2005-2019