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Legal Blog:
Jul
01
2001
Net Widening
Lawyers often attempt to join as many defendants as they reasonably can to an action. They worry that if they miss a prospective defendant, their plaintiff could be prejudiced. For example, the plaintiff includes person “A” as the sole defendant and it turns out at trial that the real culprit is person “B”; or person “A” is found liable at trial but has no assets to satisfy the judgment.
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01
2001
Good Faith Bargaining
We know that there is no cause of action for negligent negotiation (as opposed to negligent misrepresentation): Martel Building Ltd. v. Canada (see March 2001 newsletter). However, the Supreme Court of Canada in Martel specifically declined to comment on whether there was a duty to negotiate in good faith. The British Columbia Court of Appeal dealt with just such an allegation in its November 2000 decision in Midwest Management (1987) Ltd. v. B.C. Gas Utility Ltd.
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