In 2022, the Ontario Supreme Court applied a new tort of family violence that recognizes the complex dynamic of violence within a relationship. The new tort of family violence represents another step forward in Canadian courts’ ever-changing views of how to address violence in family matters. To … [Read more...]
Alberta Court Adds New Tort about Protecting Private Information
The tort of Public Disclosure of Private Information protects someone from having private information disclosed about them publicly. In September 2021, the Alberta Court of Queen’s Bench released its decision in ES v Shillington. Noteworthy about this case is that the Court recognized a … [Read more...]
The Reasonable Person
The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries. Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
BenchPress – Vol 41-4
Act Of Meanness / Lost by a Nose / Co-Mammas / The Internet and Hate Speech 1. Act of Meanness A Quebec Superior Court Justice recently heard an unusual estate application. A Montreal area woman was convinced that her deceased brother’s wife had been unfaithful to him. At a supper held after … [Read more...]
Whatever Happened To…Antrim Truck Ltd. and Public Nuisances
Background Gail Cameron was brought up in the restaurant and accounting businesses. Her husband Jack had a strong trucking background. In June 1978, the couple had acquired Cedar Service Centre on 12 acres of land located on the former Highway 17 west of Ottawa from Gail's mother. They built a … [Read more...]
Vicarious Liability: The Legal Responsibility of Employers
“It is right and just that the person who creates a risk bears the loss when the risk ripens into harm.” - Bazley v. Curry, 1999 CanLII 692 (SCC) Introduction After the massive train derailment disaster last summer in Lac Mégantic, Quebec, the chief executive of the train company was roundly … [Read more...]
Opening Closed Doors – When should domestic violence victims sue their abusers?
Mr. Dhaliwal hit his wife with a closed fist and a broom handle and was convicted of criminal assault. In the divorce, Ms. Dhaliwal included a tort claim for assault and battery and asked for damages (money). She won. Mr. Danicic intimidated and harassed his former partner by mailing her … [Read more...]