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The Ontario Court of Appeal upheld dismissal of Sheridan Retail’s action under Ontario’s anti-SLAPP law, but reduced the motion costs award from $156,394.54 to $75,000.
The Supreme Court of Canada narrowed the unlawful means tort, holding it requires conduct actionable by the third party and targeted intent, but upheld liability for breach of fiduciary duty.
Master Young held the plaintiff’s proposed amendments adequately pleaded unlawful interference with economic relations, including unlawful means and loss, and allowed the amendment.
The court certified a class proceeding over organic egg marketing claims, finding the reframed common issues met the preferability test under the Class Proceedings Act.
Previous findings against Westminer in the Seabright litigation did not automatically preclude re‑litigation by these plaintiffs; issue estoppel requires mutuality and abuse of process is discretionary and fact‑specific; prior civil findings may be admitted as evidence and deserve weight where fundamental, but they do not bind third parties lacking privity; on the facts Westminer’s past findings were admissible evidence but plaintiffs failed to prove defendants’ conduct was directed at them or that defendants owed them a novel duty of care in negligence, nor that defendants committed actionab…
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