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Justice Cullity of the Ontario Superior Court is at it again, this time in Heward v. Eli Lilly & Co., which was released the day before yesterday (not yet posted to www.canlii.org, but presumably in a day or two). There the judge makes his most expansive comments to date on waiver of tort, expressing disagreement with the recent decision in Reid v. Ford Motor from British Columbia in finding that a remedy depends on the three-part test for unjust enrichment from Pettkus v. Becker.

In related news, the Supreme Court of Canada is considering an application for leave to appeal the refusal of the Ont. CA to hear the appeal in Serhan v. Johnson & Johnson, the decision that made waiver of tort a live issue in Ontario — and for which we also have Justice Cullity to thank.

Neil Guthrie
Tel : (416) 869-5230
Fax : (416) 947-0866

Stikeman Elliott LLP
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