Showing posts with label 2014 SCC 12. Show all posts
Showing posts with label 2014 SCC 12. Show all posts

Friday, 31 January 2014

How to Avoid "Tortifying" Regulatory Law: A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12

The Supreme Court of Canada this morning waded into the mire of the "economic torts", a grab bag of common law causes of action that impose liability for (primarily) nasty behaviour in the marketplace. Up for discussion in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12 was the "unlawful means" tort, though as Cromwell J. pointed out, the economic torts form such a morass that courts and commentators cannot even identify the appropriate label for this particular creature (at para. 2).