Aliénation of Affection (Tort): Difference between revisions
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==Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII)<ref name="Nevsun"/>== | ==Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII)<ref name="Nevsun"/>== | ||
[240] A statutory remedy can also suffice to show that a new nominate tort is unnecessary. For example, in Seneca College of Applied Arts and Technology v. Bhadauria, 1981 CanLII 29 (SCC), [1981] 2 S.C.R. 181, at p. 195, this Court held that the Ontario Human Rights Code, R.S.O. 1970, c. 318 (“Code”) foreclosed the development of a common law tort based on the same policies embodied in the Code. Similarly, in Frame, at p. 111, the Court declined to create a common law tort concerning alienation of affection in the family context because the legislature had occupied the field through the Children’s Law Reform Act, R.S.O. 1980, c. 68. | |||
<ref name="Nevsun">Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII), <http://canlii.ca/t/j5k5j>, retrieved on 2020-10-16</ref> | <ref name="Nevsun">Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII), <http://canlii.ca/t/j5k5j>, retrieved on 2020-10-16</ref> | ||
==References== | ==References== | ||
Revision as of 18:42, 16 October 2020
Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII)[1]
[240] A statutory remedy can also suffice to show that a new nominate tort is unnecessary. For example, in Seneca College of Applied Arts and Technology v. Bhadauria, 1981 CanLII 29 (SCC), [1981] 2 S.C.R. 181, at p. 195, this Court held that the Ontario Human Rights Code, R.S.O. 1970, c. 318 (“Code”) foreclosed the development of a common law tort based on the same policies embodied in the Code. Similarly, in Frame, at p. 111, the Court declined to create a common law tort concerning alienation of affection in the family context because the legislature had occupied the field through the Children’s Law Reform Act, R.S.O. 1980, c. 68.
References
- ↑ 1.0 1.1 Nevsun Resources Ltd. v. Araya, 2020 SCC 5 (CanLII), <http://canlii.ca/t/j5k5j>, retrieved on 2020-10-16
