Since their inception in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 SCR 85 [Winnipeg Condominium], negligence claims relying on pure economic loss arguments have seldom been successful. The recent case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf Foods] was no exception. In a 5-4 split, the Supreme […]
In 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2018 ONCA 407 [Maple Leaf], the Court of Appeal for Ontario (“ONCA”) evaluated whether a duty of care arose in the well-publicized case of listeria outbreak involving Maple Leaf Foods, which resulted in 22 deaths across Canada back in August 2008. The novelty facing the court was that […]
This case is a follow-up to TheCourt.ca’s previous analysis of this case when it was first heard before the Supreme Court of Canada in January of 2018. For many first-year law students, their introduction to tort law is rooted in the seminal British case Anns v Merton London Borough Council, [1978] AC 728 [Anns] and its Canadian […]
As the extensive reach of the Internet continues to blur borders, so too are issues of legal jurisdiction increasingly entwined. Courts are now frequently called upon to reconcile a once novel question: are our current laws still appropriate in a digital age? The rise of the Internet particularly challenges Canadian courts to determine when they […]
On December 20, 2017, the Supreme Court of Canada (the “Court”) released Deloitte & Touche v Livent Inc., 2017 SCC 63 [Livent], a decision in which the Court refined the framework for analyzing a defendant’s duty of care in cases of negligent misrepresentation of performance of a service. This decision has far-reaching consequences for auditors, […]