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Cant v Cant (1984), 49 O.R. (2d) 25 (Co Ct)

Facts:

Plaintiff files for divorce. Defendant removes the child to Australia. Plaintiff has to travel there to recover the child. Australian authorities state that she has to stay and have the case heard in Australia first. Plaintiff then comes home to Canada. Sues for those expenses (30K$).

Issue(s):

Can a plaintiff recover an economic loss in torts?

Ratio:

Recovery should be possible where the defendant calculatedly acted to cause the plaintiff harm or loss.

Analysis:

Yes, she can recover: through intentional tort, not negligence (recovery through an evolution of the law from trespass).

Plaintiff is entitled to recover as the defendant had willfully done an act calculated to cause her harm or loss even though economic in nature rather than physical or emotional.

Holding:

Decision in favour of plaintiff.


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