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 […]
In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]
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 […]
