PRACTICE
Pleadings
Amendments
Motion for leave to amend statement of claim to plead tort of interference with economic relations—Plaintiffs alleging Government of Manitoba, four municipalities liable for flooding damage caused by construction, maintenance, operation of dike near international border between North Dakota, Manitoba—Three-element test for tort of intentional economic interference including intention to injure plaintiff—Given unlawful interference intentional tort, conduct of defendant must be aimed at party who suffers damage—Plaintiffs’ claim could not succeed as requisite intention not pleaded—No allegation construction, maintenance of dikes by defendants done with deliberate intention of targeting plaintiffs with flood damage so as to reduce tax revenues—Proposed amendments not capable of supporting allegation of intentional economic interference, as essential elements of tort not alleged—Motion dismissed.
Pembina County Water Resource District v. Manitoba (T-745-04, 2008 FC 653, Lafrenière P., order dated May 22, 2008, 12 pp.)