McLean v McLean

JurisdictionSaskatchewan
CourtCourt of Appeal (Saskatchewan)
JudgeRichards,Whitmore,Schwann
Citation2019 SKCA 15
Date31 January 2019
Docket NumberCACV3079

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20 practice notes
  • Nevsun Resources Ltd. v. Araya
    • Canada
    • Supreme Court (Canada)
    • February 28, 2020
    ...UKSC 5, [2018] A.C. 61; Frame v. Smith, [1987] 2 S.C.R. 99; Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701; McLean v. McLean, 2019 SKCA 15; 6165347 Manitoba Inc. v. Jenna Vandal, 2019 MBQB 69; Seneca College of Applied Arts and Technology v. Bhadauria, [1981] 2 S.C.R. 181; Harris......
  • Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
    • Canada
    • Mondaq Canada
    • August 2, 2022
    ...107 DLR, Fawley v Moslenko, 2017 MBCA 47 , Sirois v Gustafson, 2002 SKQB 452 , Reibl v Hughes, [1980] 2 SCR 880 , McLean v McLean, 2019 SKCA 15, Warman v Grosvenor (2008), 92 OR (3d) 663 (SC), Dunne v Gauthier, 2000 BCSC 1603 , Bruce v Dyer, [1966] 2 OR 705 (HC), Rougemount Capital ......
  • Table of Cases
    • Canada
    • Working with the Law Collection Tort and Contract Law for Paralegals, 3rd Edition Part II: Contract Law
    • May 12, 2023
    ...ONCA 788 .......................................................................................................... 219 McLean v McLean , 2019 SKCA 15 ............................................................................................................. 13 McMahon v BC , 1994 CanLII ......
  • Nevsun Resources Ltd v Araya
    • Canada
    • Supreme Court (Canada)
    • February 28, 2020
    ...and “obstruction” also failed at the necessity stage. As the Saskatchewan Court of Appeal recently observed in McLean v. McLean, 2019 SKCA 15, at paras. 103–5 (CanLII), the proposed tort of harassment was entirely encompassed by the tort of intentional infliction of mental suffering and so ......
  • Get Started for Free
16 cases
  • Nevsun Resources Ltd. v. Araya
    • Canada
    • Supreme Court (Canada)
    • February 28, 2020
    ...UKSC 5, [2018] A.C. 61; Frame v. Smith, [1987] 2 S.C.R. 99; Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701; McLean v. McLean, 2019 SKCA 15; 6165347 Manitoba Inc. v. Jenna Vandal, 2019 MBQB 69; Seneca College of Applied Arts and Technology v. Bhadauria, [1981] 2 S.C.R. 181; Harris......
  • Nevsun Resources Ltd v Araya
    • Canada
    • Supreme Court (Canada)
    • February 28, 2020
    ...and “obstruction” also failed at the necessity stage. As the Saskatchewan Court of Appeal recently observed in McLean v. McLean, 2019 SKCA 15, at paras. 103–5 (CanLII), the proposed tort of harassment was entirely encompassed by the tort of intentional infliction of mental suffering and so ......
  • REED v. DOBSON
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • September 30, 2021
    ...(2) intended to cause harm to the plaintiff; and (3) resulted in visible and provable mental injury to him or her. See: McLean v McLean, 2019 SKCA 15 at para 80, [2019] 5 WWR 67 [McLean]. [157]                &#......
  • Harpold v Saskatchewan (Corrections and Policing)
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 12, 2020
    ...(4th) 66 [Filson]; Canada (Attorney General) v Merchant Law Group LLP, 2017 SKCA 62, [2017] 10 WWR 664 [Merchant]; and McLean v McLean, 2019 SKCA 15, [2019] 5 WWR 67 [McLean]. This means – as observed in McLean – that an appellate court may undertake its own analysis of the question at hand......
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1 firm's commentaries
  • Court Of Appeal Summaries (July 25, 2022 ' July 29, 2022)
    • Canada
    • Mondaq Canada
    • August 2, 2022
    ...107 DLR, Fawley v Moslenko, 2017 MBCA 47 , Sirois v Gustafson, 2002 SKQB 452 , Reibl v Hughes, [1980] 2 SCR 880 , McLean v McLean, 2019 SKCA 15, Warman v Grosvenor (2008), 92 OR (3d) 663 (SC), Dunne v Gauthier, 2000 BCSC 1603 , Bruce v Dyer, [1966] 2 OR 705 (HC), Rougemount Capital ......
3 books & journal articles
  • Table of Cases
    • Canada
    • Working with the Law Collection Tort and Contract Law for Paralegals, 3rd Edition Part II: Contract Law
    • May 12, 2023
    ...ONCA 788 .......................................................................................................... 219 McLean v McLean , 2019 SKCA 15 ............................................................................................................. 13 McMahon v BC , 1994 CanLII ......
  • "That Is Not How the Common Law Works": Paths to Tort Liability for Harassment.
    • Canada
    • Ottawa Law Review Vol. 52 No. 1, January 2021
    • January 1, 2021
    ...notable that both these articles appeared long before the problem of harassment was exacerbated by the Internet. (59) See McLean v McLean, 2019 SKCA 15 at para 97 [McLean]. For a list of cases from Ontario, Alberta, and British Columbia that tentatively recognized the tort of harassment, se......
  • Intentional Torts: Personal and Property Torts
    • Canada
    • Working with the Law Collection Tort and Contract Law for Paralegals, 3rd Edition Part I: Tort Law
    • May 12, 2023
    ...lifting a person’s skirt with a stick would be considered battery. 5 Mainland Sawmills Ltd , supra note 1 at para 102. 6 McLean v McLean , 2019 SKCA 15 at para 63. 7 RSC 1985, c C-46, s 265(1). 8 See Norberg v Wynrib , [1992] 2 SCR 226 at 246, 1992 CanLII 65 . 9 Non-Marine Underwriters, Llo......