In reasons released on August 24, 2010, the Ontario Court of Appeal upheld the trial judge’s finding that the three appellants were jointly and severally liable for defamation of the respondent Ms. Alleslev-Krofchak and for intentionally interfering with her economic relations and for intentionally interfering with the economic relations of Temagami Outfitting Company Canada Inc. and for inducing breach of contract.

In upholding the trial judge’s findings, the Court of Appeal provides a clear statement of the elements of international interference with economic relations and, in particular, the scope “unlawful means”, which is a required element of the tort. The Court of Appeal adopted the following definition of unlawful means as stated by Lord Hoffmann in OBG v. Allen, [2008] 1 A.C. 1: “[unlawful] means … consists of acts intended to cause loss to the claimant by interfering with the freedom of a third party in a way which is unlawful as against that third party and which is intended to cause loss to the claimant.” Moreover, the third party need not suffer any loss; rather, it is enough to establish that the defendants’ act against the third party would have been actionable had the third party suffered the loss.

Citation: Alleslev-Krofchak v. Valcom Limited, 2010 ONCA 551

Ruzbeh Hosseini B.Sc., J.D., LL.B.

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