tort law
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 […]
Slipping, Sliding, and Snow Removal Woes: The Extension of Tort Liability to Municipalities
Winter is often stressful as many residents attempt to clear the sidewalk in front of their house or business to avoid being sued for an unsuspecting slip or fall. In 2021, the Supreme Court of Canada (“SCC”) settled an ambiguous area of law by extending tort liability to municipalities for improper snow removal. The SCC […]
Another Loss for a Pure Economic Loss Claim in 1688782 Ontario Inc. v. Maple Leaf Foods Inc.
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 […]
1688782 Ontario Inc. v Maple Leaf Foods Inc. : Disenfranchised Franchisees Demand Tort Damages for Lost Profit
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 […]
Strategizing in the Shadow of Precedent: Another look at Henry v British Columbia
An earlier post provided a summary of Henry v British Columbia, 2015 SCC 24 [Henry]. Unanimously overturning a decision of the British Columbia Court of Appeal (“BCCA”), the Supreme Court of Canada (“SCC”), held that the plaintiff, who was wrongfully convicted and consequently spent twenty seven years in prison for crimes he did not commit, […]
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 […]