Torts
Negligence Not Sufficient: The ONCA Narrows the Intrusion Upon Seclusion Tort in Owsianik v Equifax Canada Co
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 […]
Ahluwalia v Ahluwalia : Putting a Cost on Family Violence in Divorce Proceedings
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 […]
Crown Immunity Trumps Police Officers’ Tarnished Reputations in Ontario (AG) v Clark
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 […]
Insurer not Estopped from Denying Coverage, SCC finds in Trial Lawyers Association v Royal and Sun Alliance Insurance Company of Canada
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 […]