This case, mentioned some months ago on the RDG, has now been released by the Supreme Court of Canada: Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19 http://canlii.ca/t/j8tcb

 

The Court has held that there is no free-standing claim in ‘waiver of tort’, nor can there be gain-based claims for negligence. There is a 5-4 split on whether the class actions should have been certified (allowing it to go to trial) on claims for disgorgement for breach of contract. The majority denies certification (on this and on all claims), while the dissenters would have allowed certification on the claims for disgorgement and punitive damages for breach of contract. The majority accepted that disgorgement and punitive damages could be available for breaches of contract in exceptional circumstances, but that these claims could not succeed as pleaded.

 

There is copious citation to academic work.

 

I would be very interested to hear reactions from the list!

Lionel