Civil Litigation
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November 20, 2025
Ontario Superior Court issues AI guidelines for civil, family cases
The Ontario Superior Court has published new artificial intelligence (AI) practice directions for both civil and family law proceedings.
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November 20, 2025
Do letters of intent fall outside the principle of good faith?
The principle of good faith in Canada includes an obligation to perform contractual obligations honestly and to exercise any discretion under the agreement in a reasonable manner, consistent with the purposes for which the discretion was granted. (See Bhasin v. Hrynew, 2014 SCC 71; C.M. Callow v. Zollinger, 2020 SCC 45; Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.)
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November 20, 2025
Real estate agreements of purchase and sale: Beware HST provisions
In a real estate transaction, buyers and sellers often haggle over the purchase price of a property. While the buyer will want to pay as little as possible for a property, a seller will want to maximize their return.
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November 19, 2025
Manitoba Court of Appeal affirms rigorous approach to causation in medical malpractice: Tripp v. Ross
The Manitoba Court of Appeal’s recent decision in Tripp Estate v. Ross, 2025 MBCA 25 is a significant reaffirmation of the principles governing causation in medical malpractice cases, particularly where a defendant’s negligence has created uncertainty about the cause of a plaintiff’s injury or death.
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November 19, 2025
Revocation of beneficiary designation: Avoiding miscalculations
There are times in estate law when the courts have to step in because beneficiary designations for registered plans aren’t drafted or updated properly. My July 18 article touched on a few such cases. Case law suggests that revoking one’s beneficiary designations may also require court intervention if not properly considered by the drafting lawyer.
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November 19, 2025
Hammerco Lawyers opens new London, Ont., office
Hammerco Lawyers LLP has expanded into Ontario with the opening of a new office in London, to be led by Sabrina Lombardi, a class action litigator who joins the firm as a partner.
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November 19, 2025
Refresher on legal ethics for unscrupulous litigators, part two
In part one of this two-part series, I told the story of a lawyer from out west who I called Bill. Bill, apparently at the urging of his boss (who had bigger fish to fry), tried to dump a client (Bob) by making a motion to get off the record a few days before the trial date, and returnable on the trial date. He showed up, having done no trial preparation, and put the client at risk of being ordered to proceed with the trial.
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November 19, 2025
Trade dress: Peanut butter and other spreadable products in Canada
Peanut butter and other spreadable products, beloved staples in Canadian pantries, have evolved beyond simple food items into branded products with distinct characteristics and packaging. As companies compete for consumer attention, legal protections such as trade dress play a crucial role in defining and safeguarding the identity of these products.
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November 18, 2025
Ontario to hold impaired drivers accountable for child support if they kill a parent
The Government of Ontario is creating new measures that would “require impaired drivers to pay ongoing child support if they kill a child’s parent or guardian.”
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November 18, 2025
Alexandre-Philippe Avard appointed to Quebec Superior Court
Alexandre-Philippe Avard, a partner at Dentons, has been appointed a judge of the Superior Court of Quebec for the district of Montreal.