Civil Litigation
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December 09, 2025
Chanel Provost joins Woods’ litigation team
Woods has added Chanel Provost to its team in Montreal, the firm has announced.
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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.
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December 09, 2025
Lost trust: How employee post-incident conduct becomes springboard to just cause
Employers hate when I tell them that instead of firing an employee immediately after suspected misconduct, they should conduct a proper, objective investigation that includes confronting the employee and giving them a chance to provide their version of events. After spending far too much of my life studying summary dismissal, I can confidently say that this step is critical in almost every case if the employer wants to defend a cause termination.
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December 08, 2025
Federal Court finds Canada owes fiduciary duty for on-reserve First Nations housing, water
A Federal Court judge has ruled that Canada owes a fiduciary duty to provide, ensure or not impede access to adequate on-reserve housing for remote First Nations.
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December 08, 2025
Anna Morrish joins WeirFoulds as litigation associate
WeirFoulds LLP has welcomed Anna Morrish as an associate in its commercial litigation group.
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December 08, 2025
Taxpayer attempts to ‘sidestep’ the arm’s-length stipulation establishing control
In Canada, stock options are taxed at essentially the same rate as capital gains. The similarity to the capital gains rate is achieved through a 50 per cent deduction of the amount of options from a taxpayer’s taxable income. According to para. 110(1)(d) of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) (ITA), if a taxpayer receives stock options, the deduction may apply.
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December 08, 2025
Quebec’s young lawyers are suffering psychological distress, report reveals
More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.
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December 08, 2025
Look out! Bait-and-switch tactics during the holiday season
The holiday season in Canada is a time for celebration, gift-giving and, sadly, an increased volume of deceptive advertising practices. As consumers navigate the wave of tantalizing promotions and discounts, it becomes essential to understand legal protections, particularly regarding bait-and-switch tactics, and to remain vigilant when making purchases.
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December 05, 2025
Nova Scotia court approves $36.2M settlement in deaf schools abuse case
The Nova Scotia Supreme Court has approved a $36.2-million settlement for a class action concerning the alleged abuse and mistreatment of former students at two schools for deaf children, according to a release issued on Dec. 4 by class counsel Wagners.
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December 05, 2025
Court upholds decision to not include Maple Leaf Foods in bread price-fixing class action
In litigation related to the alleged bread price-fixing conspiracy, the Ontario Court of Appeal has dismissed representative plaintiffs’ appeal of their motion to add Maple Leaf Foods as a defendant in a class action, citing the doctrine of res judicata.