Decision in Toronto bike lane case ‘troubling,’ but legal observers divided
Cheryl Milne, executive director of the David Asper Centre for Constitutional Rights at the University of Toronto
Cheryl Milne, executive director of the David Asper Centre for Constitutional Rights at the University of Toronto, an intervener in the case, said she found the ruling ‘troubling’ for several reasons.

Friday, August 21, 2026 @ 3:18 PM

Legal observers are mixed in their reaction to a decision by Ontario’s top court to overturn a finding that the provincial government’s plans to remove three downtown Toronto bicycle lanes violated the Charter, with some calling it a correct interpretation of constitutional principles but others saying it is troublesome for future cases. ... [read more]

Federal Court of Appeal: Non-refoulement principle must be considered in inadmissibility proceedings

Friday, August 21, 2026 @ 5:14 PM

The Federal Court of Appeal has clarified that immigration adjudicators must treat the principle of non-refoulement as an interpretive constraint during inadmissibility proceedings, rather than considering it only at the removal stage. ... [read more]

Court allows injunction in dispute over ownership of software source code

Friday, August 21, 2026 @ 4:19 PM

The Ontario Superior Court of Justice has granted an interlocutory injunction in a dispute over ownership of source code that a startup said it needed to continue operating, finding that the company would suffer irreparable harm from the loss of its business. ... [read more]

Ontario Court of Appeal: Lawyers’ trust ledgers presumptively privileged

Thursday, August 20, 2026 @ 5:34 PM

The Ontario Court of Appeal has upheld a finding that lawyers’ trust ledgers in a multibillion-dollar fraud litigation are presumptively protected by solicitor-client privilege and that bank statement entries detailing payments to counsel may also be privileged, depending on what they reveal. ... [read more]

Charter attacks on new bars to asylum eligibility are now ‘specially managed proceedings’

Thursday, August 20, 2026 @ 4:59 PM

The Federal Court says it is facing a significant number of constitutional challenges to new restrictions on asylum claims that were enacted March 26, 2026 by Bill C-12, the Strengthening Canada’s Immigration System and Borders Act. As a result, Federal Court Chief Justice Alan Diner, who last month succeeded Paul Crampton as the leader of the national trial court, issued a “practice direction and special order” on Aug. 20. ... [read more]