SCC takes deep dive into ‘spoliation’ for the first time in more than a century
Chris Paliare of Toronto’s Paliare Roland Rosenberg Rothstein LLP said the Supreme Court’s judgment sends ‘a message to litigants that they cannot, and should not, destroy or not produce documents. I think trial judges in the future, based on this set of reasons, will look at failure to do that in a much harsher way than the trial judge in this case.’
Friday, July 31, 2026 @ 6:04 PM
Last Updated: Tuesday, August 04, 2026 @ 3:39 PM
The Supreme Court of Canada has unanimously set out the presumptions, procedure and remedies applicable to litigated claims of “spoliation” — i.e., claims against parties who engage in the “intentional destruction, alteration, mutilation, or concealment of evidence with a view to subverting the truth-finding process during litigation.” ... [read more]
Court approves federal government data breach class action settlement
Tuesday, August 04, 2026 @ 3:54 PM
The Federal Court has approved a class action settlement relating to alleged privacy breaches of Government of Canada online accounts, including the Canada Revenue Agency’s “My Account” and “Represent a Client” accounts, My Service Canada accounts and other accounts accessed using GCKey. ... [read more]
N.S. provincial court to start work on ‘digital transformation’
Tuesday, August 04, 2026 @ 2:53 PM
Nova Scotia’s provincial court is beginning work on an electronic filing and digital document management system for those frequenting the court. According to a recent news release, work on the court’s “digital transformation” will start immediately. ... [read more]
Immigration consultant given new trial due to delay between ‘bottom-line’ verdict and written reasons
Friday, July 31, 2026 @ 5:19 PM
An immigration consultant accused of misrepresentation in relation to the sponsorship of refugees has been given a new trial after it was found the trial judge took too long to deliver written reasons for finding him guilty. ... [read more]
First Nation membership dispute outside of Federal Court jurisdiction, Appeal Court finds
Friday, July 31, 2026 @ 3:59 PM
Last Updated: Tuesday, August 04, 2026 @ 3:48 PM
In a case spanning more than 25 years, the Federal Court of Appeal has agreed that the Federal Court does not have jurisdiction over issues relating to a First Nation band’s denial of membership to women who married out and their children, even though it had ruled on the merits in their favour. ... [read more]