Interference with Economic Relations by Unlawful Means
Our team at Achkar Law assists with situations where disputes arise as a result of an interference with a party’s economic interests or relations. The Supreme Court of Canada in AI Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12 established a new name to interference with economic relations as the “unlawful means tort”.
In a situation where a party interferes with an economic relation of another party by unlawful means, there is basis for legal action in the form of a tort of unlawful means. The Supreme Court in Ai Enterprises Ltd v Bram Enterprises Ltd established a three-part test to determine if there had in fact been an unlawful interference with an economic relation. The test being:
- The defendant used unlawful means to interfere;
- The defendant intended to harm the plaintiff through the use of the unlawful means.
The conduct must also give rise to a civil cause of action by the third party or would do so if the third party had suffered loss as a result of that conduct.
Damages for an unlawful means tort are awarded “at large” meaning that it the amount of an interference may not be as easily quantifiable, and as such, it is up to the court’s discretion to determine the appropriate amount that would put the affected party back to where they were had the interference not occurred.
Interference with economic relations can have a detrimental impact on organizations. We know that in business, one wrong deal can bring the whole ship down. We understand the importance of ensuring that companies can recover the damages they are owed due to any interference in their business interests, and we do so fearlessly in the best interest of our clients.