Civil Litigation
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June 27, 2025
Aggressive contract negotiations don’t always add up to bad faith
In Canada, a lot of judicial ink has been spilled on the exact meaning of the idea that all parties to a contract have a duty to perform their contract in good faith.
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June 26, 2025
Federal Court Chief Justice Crampton to retire in fall after 14 years leading national trial court
The Federal Court announced that its chief justice, Paul Crampton, will retire from the bench next fall, after almost 14 years as the court’s leader and 16 years as a puisne judge with the itinerant national trial court.
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June 26, 2025
Federal Court approves $40M fees for class counsel in $5B ‘Indian hospitals’ abuse settlement
The Federal Court has approved fees of $40 million for class counsel who negotiated a settlement worth an estimated $3.35 billion to $5.45 billion in a federal class action concerning allegations of abuse at the segregated federal institutions known as “Indian hospitals.”
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June 26, 2025
New trial ordered in 7-Eleven injury case over mental health damages
The British Columbia Court of Appeal has ordered a new trial in a case where a plaintiff was injured in a 7-Eleven parking lot and was awarded over $900,000 for physical and mental injuries, including those that occurred thereafter.
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June 26, 2025
Evans Ngondo joins Dickinson Wright’s Toronto office
Dickinson Wright has announced that Evans Ngondo has joined the firm’s Toronto office as an associate.
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June 26, 2025
Severe prison overcrowding in Ontario requires urgent government action, warns ombudsman
Ontario Ombudsman Paul Dubé is calling on the government of Premier Doug Ford to act urgently to address a prison overcrowding crisis that helped lead to a December 2023 incident at Milton, Ont.’s Maplehurst Correctional Complex, when nearly 200 inmates were forcibly removed from their cells using flash grenades, had their wrists zip-tied, were stripped to their underwear and were forced to sit on the floor facing the walls while the temperature was lowered.
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June 26, 2025
OSC provides $875K to support Osgoode Investor Protection Clinic’s pro bono work
The Ontario Securities Commission has announced that it will provide funding up to $875,000 over a five-year period to the Osgoode Hall Law School Investor Protection Clinic (Osgoode IPC), which provides pro bono legal support to those who have suffered an investment loss but are unable to afford a lawyer to represent them.
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June 26, 2025
B.C. Court of Appeal upholds enforcement of US$30M U.S. securities fraud judgment
The British Columbia Court of Appeal has upheld a summary judgment enforcing a US$30-million order against a B.C. resident who allegedly masterminded a multijurisdictional securities fraud scheme, rejecting arguments over jurisdiction and procedural fairness in the U.S. proceedings.
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June 26, 2025
Grey market revisited
As asked in a recent decision of the Federal Court, when is a TOYOTA bumper no longer a TOYOTA brand product? According to the plaintiffs, when it’s damaged during shipment by a grey marketer. The defendant disagrees (Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v. Marrand Auto Inc., 2025 FC 1105).
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June 26, 2025
Interpreting class gifts: Impact of will drafting on vesting
Class gifts can be a very effective tool for will-drafters, given the unique advantages that these gifts possess. Ideally suited to giving assets to multiple beneficiaries, one of the perks of class gifts is that they will not lapse if a member of the beneficiary class predeceases the testator. Rather, the gift will simply be distributed among the remaining class members.