negligence

Francis v Ontario: The ONCA Upholds Charter Breaches for Any Period in Administrative Segregation for Seriously Mentally Ill Inmates

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 […]

ONCA Sees Right Through Negligence Claim (and Chicken Sandwiches) in Subway Franchise Systems of Canada Inc. v Canadian Broadcasting Corporation

Atlantic Lottery v Babstock: SCC to Rule on Waiver of Tort Class Action

AG of Ontario v Jamie Clark: The Scope of Crown Immunity to Reach the SCC

R v Javanmardi: The SCC brings (some) clarity to negligence-based offences

Rankin’s Garage & Sales v JJ : Do You Owe a Duty of Care to Those Who Steal From Your Business?

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 […]

Deloitte & Touche v Livent Inc.: A New Duty of Care for Auditors

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, […]

James Chadwick Rankin v JJ: Considering the Plaintiff’s Criminal Activity in Determining Breach of Duty of Care

Does an owner of a garage owe a duty of care to teenagers who steal and drive the garage’s serviced cars? On October 5, 2017, the Supreme Court of Canada (“SCC”) heard submissions on this unusual question in the case of James Chadwick Rankin cob Rankin’s Garage & Sales v JJ by his Litigation Guardian, […]

Benhaim v. St-Germain: Tort Law 101 and Causation

In first year law school, we learn the seven parts of a tort claim: volition, duty of care, standard of care, harm, causation, remoteness, defence. Some learn these in different orders, some apply them in separate steps, and others apply multiple steps at one time during their analysis. Causation, however, has always been a main […]

Arora v Whirlpool Canada LP: Negligence and Policy Considerations in the Context of a Defective, Non-Dangerous Consumer Product

In Arora v Whirlpool Canada LP, 2013 ONCA 657 [Whirlpool], a decision released by the Ontario Court of Appeal on October 31, 2013, the court upheld the denial of a class action certification claim by the motion judge (2012 ONSC 4642). The claim stemmed from the alleged poor design of front-loading washing machines manufactured by […]