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ARTICLE · 31 MAY 2011

Does The Left Hand Know What The Right Hand Is Doing?

McCarthy Tétrault
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This is the unfortunate tale of two decisions concerning the tort of unlawful interference with economic relations: "Barber v. Molson Sport & Entertainment Inc.", 2010 ONCA 70 (CanLII) released September 3, 2010, just 10 days after "Alleslev-Krofchak v. Valcom Limited", 2010 ONCA 557 (CanLII) was released on August 24.

CanadaCorporate/Commercial Law
James Farley
James Farley
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This is the unfortunate tale of two decisions concerning the tort of unlawful interference with economic relations: Barber v. Molson Sport & Entertainment Inc., 2010 ONCA 70 (CanLII) released September 3, 2010, just 10 days after Alleslev-Krofchak v. Valcom Limited, 2010 ONCA 557 (CanLII) was released on August 24. The puzzling problem is that the two panels (which shared a common member) have left up in the air the proper meaning of "by unlawful means," a key element in the test as to this intentional tort. Both these cases were heard in March 2010.

As Sgt. Joe Friday of Dragnet fame said: "The facts, Ma'am — just give me the facts." The appellate courts are not there to retry the case under appeal, but rather to correct for errors of law and misapprehension of material facts. In Barber, the Court of Appeal made a preliminary comment in its analysis:

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