The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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At large, unlawful, and means: threatening business pays from rare tort at Court of Appeal

When business gets nasty, tort law gets interesting. When someone knowingly sets out to harm others, the common law gives victims special tools to seek redress. One is the tort known variously as “unlawful means” or “intentional inference with economic relations”. Last month, the Ontario Court of Appeal used it to uphold damages in favour of a transporter who displeased a financier over the timeliness of accounts receivable payments. The financier retaliated through a variety of unlawful means to compel payment. By intentionally inflicting economic harm on the transporter, the financier opened the door to “damages at large”. As a result, the transporter won $175,000 at trial, ... [more] Full article

“Intentional interference with economic relations” now called “unlawful means tort” – Supreme Court of Canada clarifies test for tort

The tort of unlawful interference with economic relations has also been referred to as “interference with a trade or business by unlawful means”, “intentional interference with economic relations”, “causing loss ... [more] Full article

Court of Appeal Upholds $3 Million Judgment in Bad Faith Revocation Case

In its decision released earlier this year in Rosenhek v. Windsor Regional Hospital,[i] the Court of Appeal for Ontario affirmed a $3 million judgment awarded to a doctor in his action against a hospital arising from the denial of hospital privileges to him. The Court concluded that the hospital’s Board of Governors had acted in bad faith in summarily revoking the doctor’s hospital privileges primarily because he didn’t “fit in” with his fellow staff members. [more] Full article

Hello! case says goodbye to confusion in economic torts

House of Lords clarifies scope of economic torts

The House of Lords recently curtailed the scope of the torts of inducing breach of contract and unlawful interference, and expanded the reach of the tort of breach of confidence to cover a situation where a newspaper paid for the exclusive right to print photos of a celebrity wedding. [more] Full article


Attacks on Business Interests Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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