Civil Litigation
-
December 11, 2025
Report finds N.B. highways in poor condition, overseers not keeping up
An audit report out of New Brunswick finds almost half of its highways to be in poor condition, and that it recently had the highest per capita highway death rate of all Canadian provinces.
-
December 11, 2025
Using expert evidence to determine whether a trust is a sham
When issues arise in litigation that involve specialized knowledge, technical expertise or scientific understanding, it is relatively common for the parties to submit expert evidence to assist the court with making its determinations. Expert evidence may be admissible on a wide range of issues — even specialized legal issues — so long as the evidence is proffered by a properly qualified expert, is relevant and necessary, and is not barred by an exclusionary rule.
-
December 11, 2025
CIVIL PROCEDURE - Applications and motions - Notice of
Appeal by the plaintiffs from an order dismissing their action for delay under the King’s Bench Rules, and the defendants’ counterclaim for delay. The plaintiffs, residents of the United Kingdom, commenced an action in July 2020 alleging that the defendants, residents of Manitoba, breached a partnership or joint venture agreement to operate a custom forage harvesting business, and claimed unjust enrichment and conversion.
-
December 10, 2025
Alberta’s passage of notwithstanding clause bill slammed by legal, rights groups
Alberta has once again used the Charter’s notwithstanding clause to shield its legislation from constitutional scrutiny, this time for laws affecting medical treatment and pronoun use by transgender youth.
-
December 10, 2025
Court lifts stay in payment dispute, orders funds to be paid before appeal
The Ontario Court of Appeal has lifted a stay in a case concerning the sale of a video game, ordering that 855,155 euros be paid to the vendors ahead of an appeal.
-
December 09, 2025
Federal Protecting Victims Act proposes wide-ranging & some contentious criminal law changes
The federal government has introduced a wide-ranging “Protecting Victims Act,” which proposes, among many things: the expansion of various offences and punishments; new restrictions impacting the current interpretation of the Charter rights of accused persons to speedy trials and to make full answer and defence in sexual assault and other prosecutions; the creation of a number of novel Criminal Code offences; and the effective “restoration” for future sentencing (via a new judicial discretion “safety valve”) of “all” unconstitutional Criminal Code mandatory minimum penalties (MMPs) that were struck down as cruel and unusual punishment by various courts.
-
December 09, 2025
Court finds Canada owes a duty to First Nations regarding supply of clean drinking water
In a class action proceeding, the Federal Court has recognized a sui generis fiduciary duty owed by Canada to the Shamattawa First Nation, addressing the long-standing issue of inadequate access to safe drinking water on reserves.
-
December 09, 2025
Ontario Court of Appeal upholds vexatious-litigant order against IP company and officer
The Ontario Court of Appeal has upheld an order declaring a corporation and its sole officer vexatious litigants, citing years of meritless court proceedings, hundreds of thousands of dollars in unpaid costs awards and multimillion-dollar lawsuits that ultimately settled for nuisance-level amounts.
-
December 09, 2025
Chanel Provost joins Woods’ litigation team
Woods has added Chanel Provost to its team in Montreal, the firm has announced.
-
December 09, 2025
Are Canadian courts fit for purpose?
With the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision, the British Columbia Supreme Court cast aside nearly a millennium of certainty regarding land ownership. It did this by severely limiting the rights inherent to fee simple title. It additionally declared invalid land titles under the province’s Torrens land registry system (undermining the provincial guaranty inherent in Torrens systems). Given the nature of the claim, namely ownership and development of land that occurred in the absence of a formal treaty, this decision has nationwide implications.