What is the test for "unlawful means" in the context of a claim for damages arising out of a breach of contract?
Ontario, Canada
The following excerpt is from Burns v Sharan Sohi et al., 2012 ONSC 2414 (CanLII):
Mr. Justice Goudge concluded at para. 60 of Alleslev-Krofchak v. Valcom Ltd.: In my view, therefore, it is now clear that to qualify as "unlawful means", the defendant's actions (i) cannot be actionable directly by the plaintiff and (ii) must be directed at a third party, which then becomes the vehicle through which harm is caused to the plaintiff.
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