The Complete Brief
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February 10, 2026
Recent developments in Canadian class action law: Q4 2025, part two
As we discussed in the first article (see below for link) of this two-part series, the final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions in eight important decisions. We covered three of the eight key decisions from the Supreme Courts of Canada, Ontario and British Columbia in the first article, and we will now discuss the remaining five.
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February 10, 2026
APPEALS - Grounds - Insufficient reasons - Mixed question of law and fact
Appeal by Stuart from sexual assault convictions. The appellant was convicted of sexual assault and criminal harassment. The charge for sexual assault arose from an incident which, after having stayed overnight at the appellant’s home, the complainant awoke to find the appellant pulling her underwear off.
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February 09, 2026
B.C.’s consumer legislation amendments to take effect this summer
Amendments to British Columbia’s Business Practices and Consumer Protection Act are to become effective in summer 2026 to allow for clearer contracts, better cancellation rights and protections from high-pressure sales tactics.
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February 09, 2026
Policing inspector orders probe after Toronto police officer arrests
Ontario’s inspector general of policing is launching a province-wide inspection of police integrity and anti-corruption practices after seven Toronto Police Service officers were arrested in a seven-month-long organized crime and corruption investigation.
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February 09, 2026
Appeal Court changes investor class definition in securities class action
The British Columbia Court of Appeal has allowed an appeal in a securities class action, finding the judge should have included an earlier set of investors in the class and should not have made two subclasses.
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February 09, 2026
Woman not entitled to Indian Act status because ancestor withdrew from treaty: Ontario court
Ontario’s top court has ruled that a woman was not entitled to status under the Indian Act because her ancestor withdrew from treaty in the 19th century, but an academic is saying the case raises questions about statutory interpretation that he feels need to be answered by the Supreme Court.
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February 09, 2026
Heidi Gordon joins McCarthy Tétrault’s M&A leadership
McCarthy Tétrault has appointed Heidi Gordon as co-head of the firm’s national mergers and acquisitions group, alongside Jonathan See and Shea Small, according to an announcement.
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February 09, 2026
Gowling WLG adds Pascal de Guise to Montreal corporate finance and M&A team
Gowling WLG has welcomed Pascal de Guise as a partner in its Montreal office, bolstering the firm’s corporate finance, capital markets, M&A and funds practices.
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February 09, 2026
Continued misuse of generative AI in Canadian courts
Despite several judicial admonishments in recent months, the unchecked use of generative AI programs for written submissions has continued in Canadian courts. Recently in Ontario, counsel responding to a motion to dismiss an action for delay filed a factum containing a quote purportedly from a Court of Appeal case that could not be found by opposing counsel or the motion judge. While the cited case existed, the quote that was reproduced in the factum could not be found. When pressed on the issue, counsel confirmed that while certain cases referred to in the factum existed, he did not verify their content by reading them: RSR Road Surface Recycling v. Bonnechere Excavating, 2026 ONSC 698.
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February 09, 2026
Court rules personal guarantees survive despite sale of security to creditor-related party
The Alberta Court of Appeal has upheld a ruling that asset purchase agreements approved in a receivership did not discharge personal guarantees given in respect of a corporate debt, even though the properties securing the debt were sold to an entity related to the creditor.