Reid v. Ford Motor Co., 2006 BCSC 712 Heward v. Eli Lilly & Co., 2007 CanLII 2651 (Ont. S.C.J.)
The ripples caused by the 2004 decision of Mr. Justice Cullity of the Ontario Superior Court in Serhan v. Johnson & Johnson (2004), 72 O.R. (3d) 396 (S.C.J.), aff'd [2006] O.J. No. 2421 (Div. Ct.), have not dispersed. In fact, two recent judgments - one from British Columbia and another by Cullity J. in Ontario - are a clear indication that the issues raised by the Serhan case remain unresolved and are in danger of yielding different results in different provinces.
Ontario leaves door open
By Douglas Harrison and Neil Guthrie
Serhan is notable because it brought the somewhat obscure doctrine of "'waiver of tort" to the forefront for practitioners. Very briefly stated, and at the risk of over-simplification, the doctrine permits a plaintiff to forego tort damages in order to pursue a restitutionary remedy. The range of torts for which waiver is available and the types of remedies which
