Civil Litigation
-
April 10, 2025
Dismissal of class proceedings for delay: ONCA provides guidance
When is “mandatory dismissal for delay” actually mandatory?
-
April 10, 2025
‘Constitution does not fade from view in times of crisis,’ Ontario Appeal Court says in COVID-19 case
A former Ontario legislator has emerged victorious in his constitutional challenge of COVID-era gathering limits, with his lawyer saying the ruling will set the standard for jurisprudence on freedom of assembly issues in Canada.
-
April 09, 2025
B.C. Court of Appeal overturns $10-million ruling against B.C. over misfeasance in public office
The B.C. Court of Appeal has overturned a $10-million damages award against the province for misfeasance in public office, ruling that misconduct by government officials did not cause the financial losses claimed by the plaintiff.
-
April 09, 2025
Ontario proposes expansion of strong-mayor powers to 169 more municipalities
Ontario has announced it is proposing to expand strong-mayor powers to 169 additional municipalities’ heads of council as of May 1. The province said this will help deliver on provincial priorities, including building homes, transit and other infrastructure.
-
April 09, 2025
LSO’s appeal allowed, Divisional Court order quashed in November 2021 licensing exams breach
The Ontario Court of Appeal has allowed an appeal by the Law Society of Ontario (LSO) and quashed orders of the Divisional Court in connection with an information breach that compromised the integrity of the November 2021 online barrister and solicitor licensing exams.
-
April 09, 2025
New $1 coin marks the creation of the Supreme Court of Canada 150 years ago
The Supreme Court of Canada marked a milestone birthday on April 8, 2025, 150 years after it came into existence on April 8, 1875, when the Supreme and Exchequer Courts Act received royal assent. The composition, powers and importance of the world’s only bilingual and bijural apex court have evolved considerably since the court first sat in 1876, after the original six-judge bench was appointed.
-
April 09, 2025
Suspicious circumstances need not be proven on balance of probabilities: Manitoba Appeal Court
The doctrine of suspicious circumstances is not a new concept. Dating back to the English ecclesiastical courts before English law was adopted in Canada, typically suspicious circumstances were used to challenge the validity of wills. In recent years, however, a growing body of case law in Canada explores how suspicious circumstances can be applied in other contexts, resulting in a series of new decisions from the Manitoba Court of Appeal addressing the doctrine’s application to capacity to appoint an attorney for property (see Drewniak v. Smith, 2024 MBCA 86 and Henderson Estate (Re), 2024 MBCA 95) and capacity to enter a contract (see McLeod Estate v. Cole, 2022 MBCA 73).
-
April 09, 2025
CIVIL PROCEDURE – Right of action - Extinction - Appeals - Quashing or dismissal of
Appeal by Saloojee from trial judge’s dismissal of his claim against Town of Gibsons (Gibsons). Saloojee was seriously injured by a falling tree in Gibsons' park while he and friends were engaging in prohibited activities off the maintained trails.
-
April 09, 2025
Indigenous rights in Canada: So, so many questions
Canada stands at a pivotal moment in its relationship with Indigenous Peoples. Landmark court rulings and policy shifts have signalled a move toward stronger legal recognition of Indigenous land claims and self-governance. Yet, many argue that progress remains slow, uneven and often hindered by government inertia and corporate interests. The stark reality leaves the lingering question: is Canada truly committed to reconciliation, or are these developments in Indigenous jurisprudence merely incremental steps in a system that continues to resist meaningful change?
-
April 08, 2025
Caroline Healey takes helm at Ship and Rail Compensation Canada
The new administrator of Ship and Rail Compensation Canada, Caroline Healey, has taken office for a five-year term.