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In July 2020, the Supreme Court of Canada released its highly
anticipated decision in
Atlantic Lottery Corporation Inc.
v Babstock Bennett Jones acted for ALC.
The decision put to rest a 16-year-long debate about “waiver
of tort” a doctrine that class action plaintiffs have
consistently alleged to be an independent cause of action that
compels defendants to disgorge all profits earned as a result of a
“wrongdoing”. Although the Supreme Court was split 5-4,
it unanimously agreed that waiver of tort is not an independent
cause of action under Canadian law.
In short, pleading waiver of tort as an independent cause of