Civil Litigation
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March 05, 2026
Competition Tribunal rejects Google’s charter challenge over ‘hypothetical’ $91B penalty
The Competition Tribunal has dismissed Google’s bid to halt proceedings against it over its alleged anticompetitive conduct in the online advertising technology sector in Canada, rejecting arguments that potential multibillion-dollar penalties under the Competition Act amount to a true penal consequence and therefore trigger Charter protections.
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March 05, 2026
Court rules contingency fee agreement did not cover appeal, orders law firm to return $1.7M
The Ontario Court of Appeal has upheld an order requiring a law firm to return more than $1.7 million from a damages award to its former client, ruling that the firm’s contingency fee agreement did not entitle it to share in a $3.52-million award secured on appeal after the client retained new counsel.
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March 05, 2026
Class action certified for foreign workers alleging systemic denial of EI, ‘racist’ contract terms
The Ontario Superior Court of Justice has certified a class action for certain temporary workers challenging their contract terms including residence requirements, termination provisions, enforced seasonality and denial of employment insurance (EI) benefits despite paying into it. They argued the terms stemmed from motives to disadvantage racialized workers.
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March 05, 2026
BARRISTERS AND SOLICITORS - Compensation - Contingency agreements - Fair and reasonable
Appeal by appellants from motion judge’s decision that contingency fee agreement (CFA) was not fair. The respondent, Leduc, suffered a hypoxic ischemic brain injury during his birth and, a year later, was diagnosed with cerebral palsy.
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March 04, 2026
Failure of ongoing duties results in lawyer being removed
The removal of a party’s counsel of choice during litigation is a remedy granted only in exceptional circumstances. In some cases, an order removing counsel is issued because of a conflict of interest that has arisen with their own client or another party in the litigation, or because the lawyer or another member of their firm will be a material witness at trial.
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March 04, 2026
Lavery welcomes Catherine Couture
Lavery has added Catherine Couture as a lawyer in its civil and commercial litigation group in Montreal.
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March 04, 2026
Federal Court of Appeal overturns Tax Court on GAAR and non-CCPC planning in Canada v. DAC
On Feb. 20, the Federal Court of Appeal released its decision in Canada v. DAC Investment Holdings Inc., 2026 FCA 35 (DAC), overturning the Tax Court of Canada’s conclusion that a corporate continuance undertaken to exit the Canadian-controlled private corporation (CCPC) regime did not constitute abusive tax avoidance.
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March 03, 2026
Judge warns against routine ‘do-not-hear’ requests in stay motions
The Federal Court has sent a message to the immigration bar that “do-not-hear” letters by federal government lawyers, which seek to block special court hearings to stay the removal of foreign nationals from Canada, should be reserved for abuse of process and other “clear” cases because such requests risk “miscarriages of justice and may be a waste of scarce judicial resources.”
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March 03, 2026
Court upholds decision finding landlord repudiated lease with flower shop
The Ontario Court of Appeal has upheld a decision finding that a landlord repudiated its agreement with a tenant flower shop by denying it access to loading docks outlined in the lease.
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March 03, 2026
Ontario law society mandates Indigenous cultural competency course
Law Society of Ontario (LSO) benchers have narrowly approved a mandatory Indigenous cultural competency course for all lawyers and paralegals, despite concerns it could lead to a repeat of the statement of principles drama that engulfed the law society several years ago.