Civil Litigation
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November 10, 2025
Robert Dysart appointed to New Brunswick Court of Appeal
Robert Dysart has been appointed a judge of the New Brunswick Court of Appeal in Fredericton.
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November 10, 2025
Prompt engineering for lawyers
Almost 30 years ago, my middle school language teacher shared a story that I still remember. A person on a bus asked her, “Is X stop coming soon?” She replied, “It is not.” The commuter kept asking variations of the question until the teacher, thinking how witty she was by not answering the commuter’s imprecise question and making him angry, got off the bus.
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November 10, 2025
The Guardians case: A cautionary tale in seeking interlocutory relief
When two of Canada’s largest providers of inpatient and outpatient mental health and addiction services clashed over the use of the term “GUARDIANS,” the plaintiffs sought an interlocutory injunction from the Federal Court. This decision highlights the formidable legal hurdles applicants face (Schlegel Health Care Inc. v. Edgewood Health Network Inc., 2025 FC 1639).
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November 07, 2025
Court permits pleading amendments in RBC closet indexing class action, dropping fraud claims
The B.C. Supreme Court has allowed plaintiffs in a closet indexing class action against RBC to amend their pleadings to expressly disclaim fraud and refocus their case on the defendants’ alleged failure to disclose the fund’s closet indexing strategy and related risks.
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November 07, 2025
Alberta court grants nearly $200K in investment fraud case
The Alberta Court of King’s Bench has found that a plaintiff was entitled to nearly $200,000 after defendants engaged in fraud upon receiving his funds that were meant to be invested.
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November 07, 2025
Power at the door: Bouncers and the use of force, part two
Bars, lounges, nightclubs, et cetera are public stages for private enterprise; lively, necessary, sometimes combustible places where the safety of staff and patrons is paramount. At the door stands the bouncer: an individual whose presence reassures staff and is said to reassure customers as well. They enforce house rules and must, on occasion, confront disorder.
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November 07, 2025
How to take the (second) guesswork out of lawyering
Hey, Your Honour, I can see what’s under your wig. Actually, this talent is not that farfetched. AI is getting us there.
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November 07, 2025
B.C. Court of Appeal narrows scope of stay orders in parenting and travel disputes
In T.F.R. v. Y.T., 2025 BCCA 349, the British Columbia Court of Appeal confirmed the extremely limited circumstances in which it may stay a parenting or travel order made under the Family Law Act, S.B.C. 2011, c. 25 (FLA).
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November 07, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action
Appeal by Pine Glen Thorold Inc. from decision of a motion judge dismissing its claim. Pine Glen commenced an action asserting several causes of action against Rolling Meadows Land Development Corporation and Glen Gordon.
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November 06, 2025
Supreme Court’s leave denial clears way for contentious ostrich cull to proceed
Less than two minutes after the Supreme Court of Canada refused to extend the stay of execution of more than 400 ostriches exposed to an avian flu-infected B.C. farm, the Canadian Food Inspection Agency (CFIA) announced it would proceed to enforce its controversial order to cull the animals — an order that the federal courts below confirmed to be reasonable and in the public interest.