Civil Litigation
-
February 02, 2026
The recent incident at the courthouse in Oshawa
Correction: This article has been amended to correct and/or clarify certain information contained in the original version. In the original, it was stated that a press release about the allegedly assaulted woman was issued by “someone who knows her (another lawyer),” when in fact it was her own lawyer, Neha Chugh, who issued the press release. It was also stated that the incident was an alleged altercation with staff security officers. They were in fact police officers working temporarily as security officers. The author also referred to an “independent investigation to be conducted by the Durham Regional Police.” In fact, Durham Regional Police have asked York Regional Police to conduct an independent investigation, which is taking place.
-
February 02, 2026
Top 10 business decisions of 2025, part two
Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order.
-
February 02, 2026
WILLS - Variation
Appeal by appellant from an order dismissing her claim to vary her father’s will for want of prosecution and application to adduce new evidence on appeal. The appellant’s father died in August 2016, leaving three children and a will dividing the residue of his estate equally among them. Five days before his death, he transferred ownership of three condominiums to two of his children, Colleen and Brian.
-
January 30, 2026
SCC gives guidance on interpreting insurance contracts, interplay of endorsements & exclusions
Elaborating on how to interpret insurance contracts, the Supreme Court of Canada dismissed 7-2 the appeal of two homeowners who sought to compel their insurer to fully pay for rebuilding their flood-destroyed house, despite an exclusion for “compliance costs” and the ancillary exception that caps the compliance costs payout at $10,000 “for the increased cost of demolition, construction, or repair to comply with any law regulating the zoning, demolition, repair or construction of any insured buildings.”
-
January 30, 2026
Federal Court dismisses proposed harassment class action for lack of jurisdiction
The Federal Court has dismissed a proposed negligence class action against a federal agency that manages oil and gas resources on First Nations land, finding it does not have jurisdiction over the claims of sexual harassment, physical assault and other grievances within the context of the federal public service.
-
January 30, 2026
Court rebukes Binance for renewed bid to revive barred arbitration in class action
Ontario’s Superior Court rebuked cryptocurrency platform Binance for attempting to revive arbitration against the representative plaintiffs in a certified class action against it, despite repeated rulings barring it from doing so.
-
January 30, 2026
Feds giving New Brunswick funding for tenants’ rights program
Canada’s government is supporting a new initiative providing renters in New Brunswick with free legal advice and education in navigating their “housing challenges.”
-
January 30, 2026
Is international law really law or just a script the powerful edit at will?
International law likes to enter the room wearing a tailored suit, speaking in solemn tones about order, peace and a rules-based world. It carries binders full of treaties, conventions, charters and resolutions from an era post 1945. It invokes history, morality and the collective will of nations. It sounds authoritative. It looks official. It insists it is law.
-
January 30, 2026
Werbeski v. Werbeski: ONSC decision a reminder of principles of property division and child support
There are certain fundamental principles of family law practice in Ontario that are enshrined in the consciousness of family law practitioners. Two of these principles are set out in Werbeski v. Werbeski, 2026 ONSC 57. These are: (i) family property will be equalized between spouses at the time of separation absent unconscionable circumstances as set out in s. 5(6) of the Family Law Act and (ii) parents must pay support for their dependent children; no excuses.
-
January 30, 2026
Ontario court orders new law licence review for man who admitted to sexually abusing children
Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.