Civil Litigation
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July 23, 2025
Federal Court strikes military member’s COVID vaccine challenge
A Federal Court judge has dismissed a legal challenge by a former Canadian Armed Forces (CAF) member who claimed his Charter rights were violated over COVID-19 vaccination requirements — a decision that lawyers say reinforces the military’s unique employment structure and grievance system.
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July 23, 2025
Bar association civil litigation summit explores AI, rules reform
Representatives from the Ontario Bar Association (OBA) are calling a recent summit meeting with their colleagues in the civil litigation field a success — and one that may be replicated in the future.
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July 23, 2025
Clark Wilson welcomes new associate Sean Kelly
Sean M. Kelly has joined Clark Wilson’s estates and trusts opinions and appeals group as an associate.
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July 22, 2025
Judge finds disclosure rule does not apply to class actions in $10M COVID insurance approval
In a significant decision involving thousands of Canadian dentists who were denied enhanced pandemic coverage under their business interruption insurance policies during COVID-19, an Ontario Superior Court judge has found that an immediate disclosure rule in multi-party litigation does not apply to class actions.
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July 22, 2025
Ontario court clarifies parental consent rules under child abduction convention
Ontario’s top court has clarified what it means for a parent to “consent” or “acquiesce” to a child’s retention in a foreign country under an international convention on child abduction that has been incorporated into provincial family law.
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July 22, 2025
OCCUPIERS’ LIABILITY - Duty of occupier - Knowledge of danger - Duty to warn - Particular situations - Floors
Appeal by appellant from the summary dismissal of her personal injury claim. The appellant filed a personal injury claim against the respondent under the Occupiers Liability Act following a slip-and-fall incident.
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July 22, 2025
Ontario lawyer hit with over $60K in costs for suing without client authority
The Ontario Superior Court has ordered a lawyer to personally pay over $60,000 in costs after finding he launched proceedings without authority, acted unreasonably, and wasted court and party resources.
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July 22, 2025
Norton Rose appoints 12 new partners
Norton Rose Fulbright Canada has promoted to partner 12 lawyers who, according to the firm’s press release, exemplify legal excellence, client service and teamwork.
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July 22, 2025
Court rules reform proposal poses ethical challenges for lawyers
The Ontario Civil Rules Review Working Group (CRRW) has recently proposed significant changes to the Ontario Rules of Civil Procedure, aiming to streamline and modernize the litigation process. Among the most controversial of these proposed changes is the elimination of oral examinations for discovery, to be replaced by sworn written statements.
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July 22, 2025
Finality over fairness: A cautionary tale in will drafting, limitation periods
The Ontario Superior Court’s decision in Tessaro v. Gora, 2025 ONSC 198 quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered? In answering this question, Justice Fred Myers not only clarified the legal consequences of such an error but also reiterated the importance of diligent drafting in estate planning.