In last week’s blog, we discussed several recent changes to the common law, and in part, the Ontario Court of Appeal (“ONCA”), decision in Merrifield v. Canada (Attorney General) wherein the existence of a proposed tort of harassment was dealt with by the court. The ONCA decided that the tort does not currently exist in […]
Tag Archives: cause of action
New Causes of Action in the Common Law of Ontario
The common law is an organic process but one that grows and develops slowly. This blog discusses how and when common law can change. Evolution or Revolution? The common law has been developed slowly over time by our courts of justice. It is judge-made law of ancient origin and development. It is evolutionary, not revolutionary. […]
Unjust Enrichment in Civil Litigation
Unjust enrichment is an equitable cause of action. It stems from an ancient principle that no person should be allowed to benefit (be enriched) at another’s expense (deprivation) without there being some valid reason in law for this to have occurred. The remedy is made in equity through a restoration (restitution). In effect, the benefit […]