Sometimes businesses and their stakeholders act wrongfully in seeking to advance their interests and / or harm competitors. There are often reports of the “dirty tricks” used by those in business to seek to destroy, defeat or diminish the effectiveness of a competitor.
These are often unethical tactics, but sometimes such conduct is also wrongful and has been recognized by the common law as actionable in the courts for damages or injunctive or other urgent equitable relief, or prohibited by a statute which provides for a civil monetary remedy or grounds for an injunction.
These causes of action have been recognized and provide the basis of lawsuits for harm, loss and damage, and in suitable circumstances, grounds for an immediate injunction or mandatory order prohibiting the further commission of the wrongful acts.
In short, wrongful intentional acts causing harm, loss or damage to businesses or their stakeholders may give rise to a cause of action in common law business torts (the so-called economic torts). Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.
The common law business tort causes of action include:
Intentional Interference with Economic Relations
Inducement of Breach of Contract
Conspiracy to Cause Harm
Conspiracy to Commit Wrongful Act Likely to Cause Harm
Intimidation, Extortion and Abuse of Process
Passing Off (common law infringement of trademark)
Appropriation of Personality
Defamation
Slander of Title
Statutory Civil Remedies include:
Remedies under the Competition Act R.S.C., 1985, c. C-34, Trademarks Act R.S.C., 1985, c. T-13 and the Copyright Act, R.S.C., 1985, c. C-42
We refer you to our related webpages on Injunctions and Mandatory Orders, Defamation, Online Defamation / Cyber Libel, Website Copying, Trademark and Copyright Infringement, Counterfeit Luxury Goods and Business Disputes.
If you consider that you or your business have been the victim of such recent wrongful conduct and have, or will, suffer harm from such conduct or continued conduct, please contact us on 416 979 2020 to arrange an initial consultation. Do not delay in seeking competent legal advice.
Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).
Comments & Opinions by Gilbertson Davis LLP lawyers and staff on its Blog, or in media interviews, appearances or publications, or in professional publications, are personal to them, and do not necessarily represent the opinions of the Firm or anyone at the Firm other than the individual expressing those comments or opinions.
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