Success at the MBCA - $34 Million
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On September 7, 2023, the Court of Appeal of Manitoba granted an appeal from the lower court’s judgment that had found two individual defendants committed the tort of unlawful interference with economic interests and awarded the plaintiff over $34 million in damages. Matthew Gottlieb and Andrew Winton successfully argued that the trial judge erred by failing to consider whether impugned statements were statements of fact, as opposed to statements of position, opinion, or future intention, and by failing to consider whether the party to whom alleged misrepresentations were made relied on those representations. The Court determined these issues and dismissed the claim.
The decision, which contains a detailed analysis of the requirements to establish the unlawful interference tort, can be accessed here: 2023 09 07 - Ultracuts v Magicuts 2023 MBCA 71