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Good evening.

There were six substantive civil decisions released by the Court of Appeal for Ontario this week.

The most notable is Merrifield v Ontario (Attorney General), where it appears that for the first time, a Canadian appellate court was asked to determine whether a common law tort of harassment exists. The court held that such a tort should not be recognized at this time. The Court did not foreclose the development of a properly conceived tort of harassment that might apply in appropriate contexts, but concluded that the respondent failed to present a compelling reason to recognize a new tort of harassment in this case. The Court determined that this was not a case of a culmination of a number of related legal developments, and that current Canadian and international legal authority does not support the recognition of a tort of harassment.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (MARCH 11-15, 2019)