The Tort Of Intentional Interference With Economic Relations

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Business 4000-003

Group Assignment #3 (A.I. v. Bram)

1. According to the SCC, what are the elements of the tort of intentional interference with economic relations? (1 mark)

The two core components of the unlawful means tort are that the defendant must use unlawful means to interfere with a trade or business, and that the defendant must intend to harm the plaintiff through the use of unlawful means. The tort creates “parasitic” liability in a three-party situation, meaning the plaintiff can sue for their economic loss due to the unlawful acts.

2. Why was Bram Enterprises Ltd. and Jamb Enterprises Ltd.’s (hereinafter ‘the Plaintiffs’) claim for intentional interference with economic relations unsuccessful? (1 mark)

In this case, the judge ruled that the defendant’s actions were not unlawful and therefore the action did not meet the requirements for the intentional interference with economic relations tort. The main issue was that the scope of liability for the unlawful means tort and in particular what was meant by the “unlawfulness requirement”. The Supreme Court accepted the court of appeal’s conclusion that there was no wrong and that would be actionable by the third parties against the appellants. As a result, it held that the appellants could not be found liable to Bram and Jamb on the basis of the unlawful means tort and rejected the court of appeal’s application of any exceptions to the scope of liability for the unlawful means tort. However, the Supreme
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