Civil Litigation
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July 04, 2025
B.C. Court of Appeal rules trial judge erred in double car accident case involving lawyer
The B.C. Court of Appeal has ordered a new trial for a Surrey, B.C., woman who was injured in two car accidents, finding that the lower court judge erred in law by failing to properly analyze an alternate theory for her injury and her future loss of earnings.
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July 04, 2025
Auto insurance body calls on Alberta to act on rising theft claims
The voice for Canada’s insurers is calling for action after finding dramatic increases in the number of auto theft claims in Alberta. In a July 3 news release, the Insurance Bureau of Canada (IBC) raised red flags over a steady spike in thefts, which it stated “continued to climb last year and is up dramatically over the past three years” in the province.
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July 04, 2025
Court quashes appeal relating to 23andMe’s insolvency after global data breach
The B.C. Court of Appeal has quashed an appeal finding that the appellant failed to seek required leave in relation to insolvency proceedings. The appellant sought to bring class actions relating to a 2023 cyberattack on genetic testing company 23andMe.
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July 04, 2025
High-conflict divorce drives up legal costs unnecessarily
While high-conflict family law trials are not the norm, they continue to overwhelm the justice system in numbers that seem to be escalating. J.P. v. K.S., 2025 BCCA 112 is such a case.
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July 04, 2025
Anisha Samat returns to Robins Appleby
Anisha Samat has rejoined Robins Appleby LLP’s litigation group as an associate.
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July 04, 2025
Reclaiming the role of executor: When can a renunciation be rescinded?
In the world of estate administration, the term “renunciation” has a very specific meaning — as noted in the most recent edition of Macdonell, Sheard and Hull on Probate Practice, renunciation refers to a “formal act … whereby an executor having a right to a grant of probate or a person having a right to a grant of administration renounces such right.” In Ontario, s. 34 of the Estates Act also confirms that the rights of executorship will “wholly cease” if a person renounces probate of a will.
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July 04, 2025
What can happen when one party fails to pay costs during litigation
During the course of litigation, a court may require a party to pay costs following motions or other interim steps. One of the more frustrating situations for a litigant is to be required to continue on with the proceeding while the other party has failed to pay costs.
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July 03, 2025
Alberta Court of Appeal overturns $210M damages award against CPKC in land dispute, orders new trial
The Alberta Court of Appeal has overturned a damages award of more than $210 million against Canadian Pacific Kansas City Limited (CPKC) in a dispute over a failed downtown Calgary land sale, and ordered a new trial.
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July 03, 2025
Court: B.C.’s new arbitration ban doesn’t apply in Rogers customer dispute over $1M hacking loss
In one of the first tests of British Columbia's amended consumer protection law, the B.C. Supreme Court has allowed a bid by telecom giant Rogers to block court action in favor of arbitration in a case where a customer’s phone was hacked, allegedly resulting in her losing an estimated $1 million in Bitcoin. The court found that the amended legislation, which prohibits mandatory arbitration clauses and class action waivers in consumer contracts, did not apply retroactively despite a transitional provision.
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July 03, 2025
N.B. to consult public on changes to property tax system
New Brunswick’s government wants input from its residents on a future overhaul of the province’s property tax system — a revamp that will focus on transparency and stability in the face of “substantial increases” in property values.