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Torts - Intimidation. McIlvenna v 1887401 Ontario Ltd.
In McIlvenna v. 1887401 Ontario Ltd. (Ont CA, 2015) the Court of Appeal set out the elements of the tort of intimidation:[23] The tort of intimidation consists of the following elements: (a) a threat; (b) an intent to injure; (c) some act taken or forgone by the plaintiff as a result of the threat; (d) as a result of which the plaintiff suffered damages: Score Television Network Ltd. v. Winner International Inc., 2007 ONCA 424 (CanLII), [2007] O.J. No. 2246, at para. 1; see also Central Canada Potash Co. v. Saskatchewan, 1978 CanLII 21 (SCC), [1979] 1 S.C.R. 42. Although the pleading of intimidation is most frequently seen in the context of economic torts, the business context is not an essential element of the tort. . Tran v University of Western Ontario
In Tran v. University of Western Ontario (Ont CA, 2015) the Court of Appeal commented as follows on the constituent elements of the tort of intimidation, and their pleading requirements:[23] The tort of intimidation requires: a threat by the defendant to commit an unlawful act; an intention by the defendant that injury will result to the plaintiff; submission to the threat by the plaintiff; and actual damage suffered by the plaintiff: Kisin v. Netron, 2000 CarswellOnt 1149, at para. 23 (S.C.), see also Roehl v. Houlahan (1990), 1990 CanLII 6781 (ON CA), 75 O.R. (2d) 482, leave to appeal to S.C.C. refused, [1990] S.C.C.A. No. 518 and Central Canada Potash Co. v. Saskatchewan, 1978 CanLII 21 (SCC), [1979] 1 S.C.R. 42. Again, read generously, some of these elements may be identified in the appellant’s statement of claim. However, the presence of a threat is nowhere to be found.
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