Civil Litigation
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September 19, 2025
ADVERSE POSSESSION - Crown lands
Appeal by appellants from a judgment of the Ontario Court of Appeal which upheld a judgment that adverse possession at common law was unavailable against municipal land.
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September 19, 2025
For the legal profession, some things were better in the not-too-distant past
Can I have a show of hands, please? Who thinks that uploading cases to Case Center five minutes before a motion is to be argued is civil conduct? Is this even a debatable matter? Believe it or not, recently, opposite counsel admonished me for even thinking that such conduct is uncivil. When I dared to complain, I was told not to be so “personal”! Oh, where have we gone wrong?
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September 18, 2025
Quebec court authorizes class action against Uber over lack of wheelchair accessible rides
The Quebec Superior Court has authorized a class action against Uber over allegations that its services are effectively unavailable to people with disabilities in the province.
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September 18, 2025
Dalhousie University and faculty ratify labour deal
Dalhousie University and its unionized faculty have now ratified a new, three-year collective agreement, finally ending a lockout that disrupted the start of school.
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September 18, 2025
CRA decision set aside due to applicant receiving bad legal advice
Despite finding that a decision by an officer of the Canada Revenue Agency (CRA) was reasonable, the Federal Court set aside the decision because the applicant received incompetent information from her lawyer.
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September 18, 2025
Court backs CRA denial of interest relief to taxpayer despite 10-year objection delay
The Federal Court has upheld a Canada Revenue Agency (CRA) decision denying a taxpayer relief from arrears interest that accumulated over nine years while his objection to a reassessment was held in abeyance pending the outcome of a related test case.
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September 18, 2025
Jérôme Coderre joins Woods’ litigation team
Woods has announced that Jérôme Coderre has joined its team of litigators.
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September 18, 2025
New trial ordered: Appeal Court unclear what trial judge found as fact along causation pathway
The obituary for 27-year-old Arley John Cook of Black Lake, Sask., states that his funeral mass will be held on Dec. 21, 2021, but does not mention the cause of his death. In fact, the cause remains unresolved after the Saskatchewan Court of Appeal ordered a new trial for Jerrick Stalthanee, who was previously acquitted of manslaughter in Cook’s killing but was later found guilty of the lesser offence of aggravated assault in an unreported Saskatchewan King’s Bench decision.
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September 18, 2025
Agreed changes without fresh consideration: Reconciling contract law, constructive dismissal
In a recent mediation, a lawyer raised an intriguing point regarding mid-employment contract changes.
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September 18, 2025
Google Canada challenges pregnancy discrimination allegation
Midway through the summer, I was minding my own business and having a coffee when a friend forwarded me a National Post article reporting that a woman is claiming wrongful dismissal from Google Canada because of “pregnancy discrimination.”