Civil Litigation
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August 07, 2025
Stratford stands strong in Ontario Court of Appeal decision on side-yard squabbles
The case of 2708959 Ontario Inc. v. Stratford (City), 2025 ONCA 512 is an important decision for Ontario municipalities dealing with encroachments — when a private building or structure extends onto municipal land, such as a road allowance. This case clarifies what municipalities can do when they discover such encroachments, even if they have existed for many years. The Court of Appeal held that the municipality’s issuance of building permits did not expressly approve the encroachments.
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August 07, 2025
Can a person have more than one spouse under estate law?
It may sound surprising, but under British Columbia’s Wills, Estates and Succession Act (WESA), it is indeed possible for someone to have more than one legal “spouse,” at least for the purpose of dividing an estate when there’s no will.
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August 06, 2025
FINTRAC publishes new supervisory framework, tightens administrative penalty policy
Canada’s anti-money laundering watchdog has published its comprehensive supervisory framework and unveiled a more streamlined administrative monetary penalties policy.
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August 06, 2025
‘Time is of the essence’ clauses don’t apply to indefinite time limits, court rules
The Newfoundland and Labrador Court of Appeal has clarified that “time is of the essence” (TOE) clauses do not apply to contractual obligations with indefinite or open-ended time frames, such as those requiring action using “commercially reasonable efforts.”
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August 06, 2025
WILDLIFE
Appeal by the Lazy Bear of an order of a Court of King’s Bench motion judge (the motion judge) dismissing Lazy Bear’s motion for urgent interlocutory relief.
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August 06, 2025
Justice Patrick Murray retires from N.S. Supreme Court
The Honourable Patrick J. Murray has retired from the Supreme Court of Nova Scotia after 15 years on the bench.
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August 06, 2025
Mitigating human rights risks in hiring and firing: A practical guide for employers
Hiring and termination are the two most consequential moments in the employee life cycle. These actions not only impact workplace culture and morale but can also carry significant legal liability for employers, particularly under the Ontario Human Rights Code. Too often, employers encounter human rights complaints not because of deliberate wrongdoing, but because of rushed decisions or a lack of understanding of legal requirements.
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August 06, 2025
Trademark infringement, post-sale confusion
The U.K. Supreme Court, the country’s highest court, has confirmed that trademark infringement because of post-sale confusion is a viable cause of action.
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August 05, 2025
Carney announces $1.25B program to boost softwood lumber industry
Prime Minister Mark Carney has announced plans to spend more than $1 billion to boost the competitiveness of Canada's softwood lumber industry. The federal government will channel separate amounts of $700 million, $500 million and $50 million to respective areas of the sector to help it better withstand ongoing and increasing U.S. duties.
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August 05, 2025
B.C. Court of Appeal dismisses appeals challenging provincial mink farming ban
The British Columbia Court of Appeal has dismissed appeals in a case related to a provincial regulation banning mink farming, finding the order in council was not ultra vires even if it was influenced by interest groups.