In T.C.O. Agromart Ltd. v. Sutton Farms (Nacona) Ltd., 2026 ONCA 371, the Court of Appeal allowed an appeal finding that the respondent, Sutton Farms (Nacona) Ltd. (“Sutton Farms”), breached its duty under s.3(1) of the Occupier’s Liability Act by failing to warn of the hidden dangers of the bridge, and this breach was the accident’s factual and legal cause. An employee of the appellant, T.C.O. Agromart Ltd. (“Agromart”), was operating a crop sprayer across a private bridge owned by Sutton Farms. The bridge partially collapsed and the sprayer fell into the river. The trial judge found that the accident was caused by the driver’s negligence rather than the design, maintenance, or upkeep of the bridge. The Court of Appeal found that the trial judge conflated causation with the standard of care and failed to perform a standard of care analysis. The Court of Appeal added that the accident was … Read More
Family Violence: New Tort Recognized in Ontario
In the recent decision, Ahluwalia v. Ahluwalia, 2022 ONSC 1303, the court recognized the new tort of “family violence” as a civil remedy, outside of the scope of family/criminal liability. The court awarded $150,000 “in compensatory, aggravated, and punitive damages for the tort of family violence”, recognizing that such an award “is well-outside the normal boundaries of family law”. Recognition of the New Tort of Family Violence The court recognized that the Divorce Act “does not create a complete statutory scheme to address all the legal issues that arise in a situation of alleged family violence” and does not provide the victim of family violence “with a direct avenue to obtain reparations for harms that flow directly from family violence and that go well-beyond the economic fallout of the marriage”. Further, the Divorce Act prohibits consideration of “misconduct” when making a spousal award. At “its heart, spousal support is compensatory … Read More