Civil Litigation
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December 10, 2025
Court lifts stay in payment dispute, orders funds to be paid before appeal
The Ontario Court of Appeal has lifted a stay in a case concerning the sale of a video game, ordering that 855,155 euros be paid to the vendors ahead of an appeal.
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December 09, 2025
Federal Protecting Victims Act proposes wide-ranging & some contentious criminal law changes
The federal government has introduced a wide-ranging “Protecting Victims Act,” which proposes, among many things: the expansion of various offences and punishments; new restrictions impacting the current interpretation of the Charter rights of accused persons to speedy trials and to make full answer and defence in sexual assault and other prosecutions; the creation of a number of novel Criminal Code offences; and the effective “restoration” for future sentencing (via a new judicial discretion “safety valve”) of “all” unconstitutional Criminal Code mandatory minimum penalties (MMPs) that were struck down as cruel and unusual punishment by various courts.
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December 09, 2025
Court finds Canada owes a duty to First Nations regarding supply of clean drinking water
In a class action proceeding, the Federal Court has recognized a sui generis fiduciary duty owed by Canada to the Shamattawa First Nation, addressing the long-standing issue of inadequate access to safe drinking water on reserves.
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December 09, 2025
Ontario Court of Appeal upholds vexatious-litigant order against IP company and officer
The Ontario Court of Appeal has upheld an order declaring a corporation and its sole officer vexatious litigants, citing years of meritless court proceedings, hundreds of thousands of dollars in unpaid costs awards and multimillion-dollar lawsuits that ultimately settled for nuisance-level amounts.
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December 09, 2025
Chanel Provost joins Woods’ litigation team
Woods has added Chanel Provost to its team in Montreal, the firm has announced.
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December 09, 2025
Are Canadian courts fit for purpose?
With the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision, the British Columbia Supreme Court cast aside nearly a millennium of certainty regarding land ownership. It did this by severely limiting the rights inherent to fee simple title. It additionally declared invalid land titles under the province’s Torrens land registry system (undermining the provincial guaranty inherent in Torrens systems). Given the nature of the claim, namely ownership and development of land that occurred in the absence of a formal treaty, this decision has nationwide implications.
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December 09, 2025
Lost trust: How employee post-incident conduct becomes springboard to just cause
Employers hate when I tell them that instead of firing an employee immediately after suspected misconduct, they should conduct a proper, objective investigation that includes confronting the employee and giving them a chance to provide their version of events. After spending far too much of my life studying summary dismissal, I can confidently say that this step is critical in almost every case if the employer wants to defend a cause termination.
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December 08, 2025
Federal Court finds Canada owes fiduciary duty for on-reserve First Nations housing, water
A Federal Court judge has ruled that Canada owes a fiduciary duty to provide, ensure or not impede access to adequate on-reserve housing for remote First Nations.
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December 08, 2025
Anna Morrish joins WeirFoulds as litigation associate
WeirFoulds LLP has welcomed Anna Morrish as an associate in its commercial litigation group.
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December 08, 2025
Taxpayer attempts to ‘sidestep’ the arm’s-length stipulation establishing control
In Canada, stock options are taxed at essentially the same rate as capital gains. The similarity to the capital gains rate is achieved through a 50 per cent deduction of the amount of options from a taxpayer’s taxable income. According to para. 110(1)(d) of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) (ITA), if a taxpayer receives stock options, the deduction may apply.