The Complete Brief
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January 09, 2026
Application of the ‘consensual fight’ defence in the context of domestic assaults
Does the common law allow for the defence of “consensual fight” to excuse domestic assaults? This question has concerned defence counsel contemplating potential defences to their clients’ assault charges, Crown counsel trying to prove the accused guilty of the alleged unlawful conduct, as well as trial and appellate judges considering specific policy reasons for vitiating consent in an intimate partner violence context.
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January 08, 2026
Quebec court to consider proposed Fiat 500 door handle defect settlement
The Quebec Superior Court is set to consider a proposed settlement for a class action concerning alleged door handle defects in Fiat 500 vehicles from model years 2012 to 2019, according to a release.
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January 08, 2026
Court orders investigation into alleged discrimination over Elder services for Indigenous offenders
In a case where serious discrimination allegations were made for a correctional institution’s failure to provide appropriate Elder services to Indigenous offenders, the Federal Court has required an outside investigation to be conducted while remitting the matter back to the Special Advisor to the Commissioner.
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January 08, 2026
Nova Scotia releases first 2SLGBTQIA+ action plan
Nova Scotia has released its first 2SLGBTQIA+ action plan, which includes addressing that community’s lack of trust in the province’s justice system. A Jan. 8 news release describes the action plan as a “co-ordinated road map to advance equity, improve access to services and supports, and build safer, more inclusive communities.”
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January 08, 2026
Court upholds dismissal for cause based on misconduct discovered after termination
The Alberta Court of King’s Bench has dismissed a wrongful dismissal claim, affirming that an employer may rely on evidence of serious employee misconduct acquired after an employee’s dismissal to justify termination for just cause.
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January 08, 2026
Clark Wilson names 3 new partners
Clark Wilson lawyers Dan W. Melnick, David Bowden and Sunny Chiu have joined the firm’s partnership, effective Jan. 1, 2026.
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January 08, 2026
BLG appoints 23 partners
Borden Ladner Gervais LLP (BLG) has announced the appointment of 23 new partners, effective Jan. 1, 2026.
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January 08, 2026
Recognition of an Ontario divorce in Iran: Navigating the legal divide between two systems
Global migration has created families whose legal lives unfold across borders, cultures and legal traditions. One of the most complex examples arises when Iranian nationals divorce in Ontario. While the divorce is fully valid and enforceable under Canadian law, it does not necessarily bring legal finality in Iran. This disconnect often surprises individuals who reasonably assume that a court order ending a marriage in Canada ends it everywhere.
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January 08, 2026
SCC’s dual approach to arbitration: Competitive advantage or hidden risk?
The Supreme Court of Canada has never agreed to review an arbitral-related judicial decision after a provincial appellate court has made its ruling. While the SCC is willing to shape the law of arbitration agreements, it has dismissed leave applications in cases primarily focused on reviewing an arbitral award. This difference is quite notable.
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January 08, 2026
U.S. estate tax reform: What it means for Canadians
Around this time last year, we wrote an article speculating on what to expect for U.S. estate tax under a second Trump administration. With the decrease to about half the current amount of the lifetime exclusion amount set to occur early this year unless new legislation was passed, it looked like 2025 would need to be a major year for U.S. estate tax reform.