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Tort Claims

"Independent Cause of Action vs. Independent Actionable Wrong—A Distinction without a Difference? Damages for Discrimination"

Jurisdiction: - British Columbia

Jessica Connell wrote a paper entitled "Independent Cause of Action vs. an Independent Actionable Wrong-A Distinction without a Difference? Damages for Discrimination in the Civil Courts" (April 2008) for the 2008 - Employment Law Conference in Vancouver.

Ms. Connell is a lawyer at the BC Human Rights Tribunal.  The conference was presented by the Continuing Legal Education Society of British Columbia.

The paper's table of contents is as follow:  read more »

"Tort Claims Against Third Parties in Wrongful Dismissal Actions"

Jurisdiction: - Ontario

Janice Payne and Aman Sidhu at law firm Nelligan O'Brien Payne in Ottawa have written a paper on "Tort Claims Against Third Parties in Wrongful Dismissal Actions" (November 2007). The paper was prepared for The Advocates' Society Annual Fall Convention.  It addresses the following two tort claims:

  1. Tort of interference with business/economic relations; and
  2. Tort of inducing breach of contract.

Has the tort of harassment been established as a civil cause of action in Canada?

Jurisdiction: - British Columbia

In Mainland Sawmills Ltd. et al v. IWA-Canada et al 2006 BCSC 1195, the defendants sought an order dismissing the claims of some of the personal plaintiffs on the basis that there is no tort of harassment in Canada, or if there is, that defendants' actions did not meet the test.

The allegations concerned the "storming" of Mainland Sawmills by members of the IWA, which resulted in property damage and people being assaulted.

The court noted that the law was unclear whether the tort of harassment had been established as a civil cause of action in Canada. For example:  read more »

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.

"Restrictions on Tort Claims Under the Workers Compensation Act"

Jurisdiction: - British Columbia

Restrictions on Tort Claims Under the Workers Compensation Act is the name of a paper written by two lawyers at Vancouver, BC law firm of Clark Wilson. The paper, which was updated in May 2004, can be found here.