What’s Hot on CanLII This Week

Here are the three most-consulted English-language cases on CanLII for the week of January 24 – 31.

1. Jones v. Tsige 2012 ONCA 32

[1] Does Ontario law recognize a right to bring a civil action for damages for the invasion of personal privacy?

2. Pottruff v. Don Berry Holdings Inc. 2012 ONSC 311

[1] The defendant brings this motion to have two documents, and any copies in the possession of the plaintiff, returned to it. As well it seeks a declaration that the documents cannot be referred to in this litigation because of solicitor and client privilege.

[2] The plaintiff brings a cross motion seeking a declaration that the documents are not privileged and can be utilized as the plaintiff sees fit.

3. Dale v. The Toronto Real Estate Board 2012 ONSC 512

[1] This is a motion to strike out a Statement of Claim. The plaintiffs have commenced an action for damages in the amount of $540 million against the 49 defendants. Essentially, the plaintiffs claim that the Toronto Real Estate Board (TREB) and its officers and directors (collectively the TREB defendants), together with the Canadian Real Estate Association (CREA) and its officers and directors (collectively the CREA defendants), breached the terms of an earlier settlement agreement, violated the provisions of the Competition Act, R.S.C. 1985, c. C-34, unlawfully conspired together to injure the plaintiffs, and wrongfully interfered with the plaintiffs’ economic and contractual relations. This was all done, according to the plaintiffs, in an effort to drive Realtysellers out of the real estate business and punish the plaintiffs for making complaints about them to the federal Competition Bureau. The plaintiffs also seek punitive, aggravated and/or exemplary damages in the amount of $10 million against the defendants.

The most-consulted French-language decision was Crevette du Nord Atlantique inc. c. Conseil de la Première Nation malécite de Viger 2012 QCCA 7.

[1] L’appelante se pourvoit contre un jugement rendu le 18 juillet 2008 par la Cour supérieure, district de Kamouraska (honorable Claude Henri Gendreau), qui a accueilli en partie la requête introductive d’instance de l’intimé en revendication, en injonction et en dommages-intérêts.

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