The unlawful means tort (A.I. Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12), breach of confidence (Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574) and negligent misrepresentation (Queen v Cognos Inc, [1993] 1 SCR 87) are established claims. Canada has no nominate tort of breach of statutory duty (R v Saskatchewan Wheat Pool, [1983] 1 SCR 205).
If a competitor or counterparty harms your business, the claim must fit an established cause of action, and negligence requires a duty of care.
Pleading vague or unrecognized claims invites an application to strike and wasted costs.
Fulcrum's litigation lawyers can help with these issues.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.