Civil Litigation
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September 11, 2025
Time to embrace change: Civil justice reform
A fair, accessible, efficient and affordable civil justice system is a critical component of any thriving democracy and economy. The civil justice system in Ontario no longer fulfills its important purpose of resolving disputes of behalf of people, businesses and governments in a just and fair way.
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September 11, 2025
When caregiver of an incapable elderly person goes ‘rogue’
Lawyers dealing with elder issues face an uncomfortable dynamic when those responsible for seniors take advantage.
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September 10, 2025
Plaintiff’s family protection policy liable before defendant’s umbrella policy: court
The Ontario Court of Appeal ruled that once a vehicle owner’s $300,000 auto liability policy, which covered her daughter’s at-fault driving, was exhausted, the plaintiff’s family protection endorsement had to respond to the damages claim before the owner’s $1-million personal umbrella liability policy (PLUP).
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September 10, 2025
Federal Court of Appeal affirms judicial review not available for CTA’s factual findings
The Federal Court of Appeal has affirmed that factual findings by the Canadian Transportation Agency (CTA) are insulated from judicial review as s. 40 of the Canadian Transportation Act provides an alternate remedy through petitions to the Governor in Council.
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September 10, 2025
Ontario Court of Appeal confirms: Insurer’s right to void policy survives renewal
The Ontario Court of Appeal has confirmed that an insurer can void a policy for misrepresentation — even after renewal — if it has consistently reserved its rights and never clearly waived them.
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September 10, 2025
New OBA president hopes to bring ‘more conversational experience’ to position
The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.
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September 10, 2025
Mounting challenges of being ‘the solicitor of record’
My friend, lawyer Steve Benmor, hit a home run with his recent Law360 Canada article: “Do judges remember what it was like to be a lawyer?” I will not even try to expand upon his views; there is no need. He hits all the points I would have made and more. I agree entirely with him. Rather than a “rinse and repeat,” I want, in this article, to reflect and focus on his analysis of the mounting challenges of being “the solicitor of record.”
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September 09, 2025
Aviva estopped from denying coverage in boating accident after delay in raising coverage concerns
The Federal Court rejected an insurer’s bid to avoid defending and paying claims from a fatal boating accident, ruling that it was estopped from denying coverage after delaying and taking steps that prejudiced the insured’s access to evidence.
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September 09, 2025
P.E.I. looking to public input on changes to child support recalculation service
Prince Edward Island is looking for residents’ input on possible changes to legislation governing the province’s child support recalculation program.
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September 09, 2025
Dalhousie, union resume labour talks during lockout
Nova Scotia’s Dalhousie University and its locked-out unionized faculty have returned to the bargaining table.