Civil Litigation

Court restores denial of patent reinstatement, affirms patent agent due care obligation

The Federal Court of Appeal has restored a decision denying a request to reinstate a patent application, confirming that the obligation to exercise due care to prevent patent abandonment applies to both the applicant and its patent agent.

Appeal Court reduces sentence for man with cognitive challenges, upholds sexual assault conviction

In a case involving sexual interference and assault, the Ontario Court of Appeal upheld the conviction against Chad Storey but reduced his six-year sentence to four years and three months to reflect the appellant’s cognitive disability in a decision released on Aug. 28.

Court orders CRA to redetermine taxes for U.S. citizen living in Canada

The Federal Court has remitted a Canada Revenue Agency (CRA) decision for redetermination in a case where the employer of a U.S. citizen living in Canada withheld taxes from her pay for U.S. governments.

Justice Amy Peck joins B.C. Supreme Court as associate judge

A new associate judge has been appointed to the Supreme Court of British Columbia, according to an announcement from the province. Justice Amy Peck’s appointment was effective Sept. 5, 2025, and she will be located in Vancouver.

OIL AND GAS - Lease or license for production - Working interest - Overriding royalties

Appeal by Yangarra Resources Ltd. from trial judge’s decision. Yangarra was the successor in interest to a Crown petroleum and natural gas lease encumbered by an eight per cent overriding royalty held by PrairieSky Royalty Ltd. Yangarra was unaware of the encumbrance when it purchased the leasehold interest.

Court finds request for audited statements time-barred despite company never providing them

The Ontario Court of Appeal has found that the demand by a shareholder to request audited financial statements from a corporation dating back over a decade is time-barred by two years, despite the company never having complied with the obligation to provide audited statements.

B.C. top court orders new trial in contractual dispute, finding trial errors on mitigation, damages

The B.C. Court of Appeal has set aside a ruling that denied an equipment maker a set-off for costs and lost profits in a dispute over partial payments for a manufacturing contract repudiated by the buyer.

Even in civil cases, court is no place for chickens

Court finds foreign service union did not adequately consider grievance on children’s education

The Federal Court of Appeal has upheld a decision by the Federal Public Sector Labour Relations and Employment Board, finding that the Professional Association of Foreign Service Officers failed to adequately consider a grievance related to an education allowance for a member’s stepdaughters, thereby breaching its duty of fair representation.

Adina Georgescu joins BLG as partner in EMER group

Borden Ladner Gervais LLP (BLG) has announced that Adina Georgescu has joined the firm at its Montreal office as partner in its environmental, municipal, expropriation and regulatory (EMER) group.