0856464 B.C. Ltd. v. TimberWest Forest Corp.

0856464 B.C. Ltd. v. TimberWest Forest Corp.

The appeal was allowed because the amended pleading did not, assuming its facts to be true, disclose 'unlawful means' required for the tort of interference with economic relations (the pleaded acts are directly actionable as breach of contract and thus not proper 'unlawful means' directed at a third party) and did not adequately plead a causal link between alleged union/collective‑agreement conduct and the plaintiff's losses; accordingly the Master's order permitting the amendment was in error and the specified allegations must be struck.

Citation
2012 BCSC 597
Parties
Respondent/plaintiff: 0856464 B.C. Ltd.; Appellant/defendant: TimberWest Forest Corp.; Appellant/defendant: TimberWest Holdings Ltd.; Appellant/defendant: TimberWest Forest Company
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 April 2012
Procedural Posture
Civil Appeal / Appeal From Master's Decision on Amendment of Pleadings (rule 23 6(8))
Outcome
Appeal allowed; Master's order granting leave to file the amended notice of civil claim set aside in part; specified portions of the amended pleading struck; costs to TimberWest awarded.
Legal Topics
Interference With Economic Relations, Unlawful Means, Amendment of Pleadings, Standard of Review, Pleading Sufficiency, Causation
Source Language
English
Tort Law Civil Procedure Labour Law Bankruptcy and Insolvency Interference With Economic Relations Unlawful Means Amendment of Pleadings Standard of Review +2 more

Case Brief

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Parties

0856464 B.C. Ltd.

Respondent/plaintiff

TimberWest Forest Corp.

Appellant/defendant

TimberWest Holdings Ltd.

Appellant/defendant

TimberWest Forest Company

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Master's Decision on Amendment of Pleadings (rule 23 6(8))

Legal Issues

  1. 1 Whether the Master's allowance of an amendment to plead the tort of interference with economic relations was correct
  2. 2 Whether the amended pleading sufficiently alleged 'unlawful means' directed at a third party and not directly actionable by the plaintiff
  3. 3 Whether the amended pleading sufficiently pleaded a causal connection between the alleged interference and the plaintiff's loss

Ratio Decidendi

The appeal was allowed because the amended pleading did not, assuming its facts to be true, disclose 'unlawful means' required for the tort of interference with economic relations (the pleaded acts are directly actionable as breach of contract and thus not proper 'unlawful means' directed at a third party) and did not adequately plead a causal link between alleged union/collective‑agreement conduct and the plaintiff's losses; accordingly the Master's order permitting the amendment was in error and the specified allegations must be struck.

Court Disposition

Appeal allowed; Master's order granting leave to file the amended notice of civil claim set aside in part; specified portions of the amended pleading struck; costs to TimberWest awarded.

Orders

  • Appeal allowed and Master's order of October 13, 2011 (and supplemental reasons January 24, 2012) set aside in respect of the tort of interference with economic relations
  • Strike from the amended notice of civil claim: Part 1 (Statement of Facts) paragraphs 26 to 28 and 40 to 48; Part 2 (Relief Sought) subparagraph 1(c); Part 3 (Legal Basis) paragraphs 19 to 22