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Tort Law Update 2026: The Inaugural Edition

Lawson Lundell is starting a new tradition: the Tort Law Update. Lawson Lundell's latest Tort Law Update can be viewed here.

The Tort Law Update is modeled on our annual Contract Law Update, which many of our clients read every year and return to use as a resource.

Tort law is another area where developments can have a significant impact on business lawyers and their clients. We have therefore decided to add a companion publication to our annual update series, and we hope it will become as valued a resource as the Contract Law Update.

In future editions, we will select developments using the same approach as the Contract Law Update. We will focus on decisions from the preceding 12 to 18 months that are relevant to commercial practice, including:

  • significant appellate decisions that change or develop tort law principles;
  • any tort law decisions from the Supreme Court of Canada; and
  • decisions that illustrate existing tort law principles and show how they apply in practice.

This first edition takes a different approach. We begin with a refresher on core tort law principles as they apply in the commercial context. Two topics of particular importance are also covered to commercial practitioners: recovery for pure economic loss, and the impact of the Supreme Court of Canada’s recent decision in Ahluwalia v Ahluwalia, which modified the test for recognizing new torts.