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Academic Article

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Breach, England, Inducing Breach of Contract, Liability, Trade Disputes


In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of the tort, with the result, for example, that liability has been imposed where it was not shown that there was any contract actually breached.


This article is taken, substantially unchanged, from chapter IV of Innis Christie's book, The Liability of Strikers in The Law of Tort; A Comparative Study of Judicial Development of the Law in England and Canada, published by the Queen's Industrial Relations Centre.