Business Dirty Tricks

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and ArbitratorCommercial0 Comments

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


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 OrdersDefamationOnline Defamation / Cyber LibelWebsite CopyingTrademark and Copyright InfringementCounterfeit 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).

About the Author
David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator

David Alderson, LL.B, LL.M (Commercial and Corporate), Q.Arb, Lawyer and Arbitrator David has practiced over 35 years as a commercial and business litigator in diverse matters in the courts and in domestic and international arbitration proceedings in Ontario, England & Wales, Bermuda and Dubai. Also admitted in New York. The ADR Institute of Canada has accredited David as a Qualified Arbitrator (Q.Arb). He accepts appointment as a commercial, business, condo and marine arbitrator. Bio | Lawyer | Arbitrator | Contact

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