Tricks Of The Trade Conference: Tort Update 2015

Co-Authored by Amy Gates¹

INTRODUCTION

There have been several significant cases this past year which every civil litigator should be aware of. The Supreme Court of Canada has clarified the tort of "unlawful means" in A.I. Enterprises Ltd. v. Bram Enterprises Ltd. The Ontario Court of Appeal has released its first decision commenting on causation since the release of Clements in Fowlow v. Southlake Regional Health Centre in 2012 by the Supreme Court of Canada. It has confirmed that municipalities have a statutory duty to maintain the lower portions of driveways on boulevards to the standard required for vehicular traffic and not that required for pedestrian walkways in Bondy v. London (City). On the other hand, the Ontario Court of Appeal held in Fordham v. The Corporation of the Municipality of Dutton-Dunwich that municipalities do not have a duty to make roads safe for negligent drivers. In Miller Group Inc. v. James, the Court considered the interpretation and