Civil Litigation
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December 22, 2025
Patients relevant in pharmaceutical product trademark decision: Federal Court of Appeal
In Novartis AG v. Biogen Inc., 2024 FC 52, the plaintiff successfully sued for infringement of its registered trademark and passing off for a pharmaceutical preparation for ophthalmology and pharmaceutical preparations for prevention and treatment of ocular disorders and diseases.
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December 22, 2025
Quebec intends to bolster consumer protection over subscription renewals and ticket resales
The Quebec government, after adopting the first consumer right-to-repair law in Canada and introducing new rules on pricing and tip calculations, has now set its sights on cracking down on hidden subscription renewals and ticket scalping following the tabling of a bill that would yet again bolster key sections of the province’s Consumer Protection Act.
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December 22, 2025
INTERPRETATION - General principles - Context - Surrounding circumstances
Appeal by Tichopad from chambers judge’s order and application to admit fresh evidence. Tichopad signed a standard form contract for the purchase of a motorcycle from a vehicle dealership operated by One West Auto Ltd.
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December 19, 2025
Duty to consult may be triggered by unproven cross-border Indigenous claims: Federal Court
The Federal Court has found that Canada’s duty to consult under s. 35 of the Constitution Act may be triggered for an Indigenous group located outside Canada based on an unproven claim that the group are Aboriginal people of Canada.
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December 19, 2025
Prime minister announces Quebec Court of Appeal judge to be next deputy attorney general of Canada
In an unusual and surprising move, Prime Minister Mark Carney announced that a federal puisne judge, Justice Marie-Josée Hogue of the Quebec Court of Appeal, will become deputy minister of justice and deputy attorney general of Canada “early in the new year.”
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December 19, 2025
Woods adds litigators Aliya Behar and Basma El Farouk
Woods LLP has added Aliya Behar and Basma El Farouk to its litigation team in Montreal following their call to the Quebec bar, the firm announced.
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December 19, 2025
Lawyering lessons learned at Santa’s knee
I did not know until a recent experience at my local Tim Hortons that there are striking similarities between judges and Santa Clauses. I was sipping my medium double double when I overhead a group of young children sitting at an adjacent table having a chat. They sounded a lot like lawyers at the pub sizing up judges. I listened keenly.
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December 19, 2025
Self-rep fails to convince Appeal Court to cancel $270,000 of support arrears
A case involving more than $270,000 in accumulated child and spousal support arrears, Garousi v. Garousi, 2025 BCCA 392, highlights several recurring issues in applications for retroactive variation of support, including chronic non-compliance, evidentiary shortcomings and the impact of significant arrears on both variation and appellate relief.
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December 19, 2025
Resident plaintiff may be added to non-resident action before certification: B.C. Court of Appeal
The B.C. Court of Appeal has confirmed that a proposed class action does not fail merely because it was commenced by a non-resident, holding that the subsequent addition of a B.C. plaintiff provides sufficient standing for the action to move forward to certification.
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December 19, 2025
PARTIES - Novation
Appeal by Ville de Sainte-Julie (City) and cross-appeal by Les Investissements Laroda inc. (Laroda) from a judgment of the Quebec Court of Appeal which ordered the City to pay Laroda $287,458.