Civil Litigation
-
November 05, 2025
Arbitration appeals: Why ‘final’ might be the last word
The principle of finality in arbitration is not merely aspirational. The Ontario Superior Court’s decision in 2501373 Ontario Inc. v. Selfe, 2025 ONSC 5216 confirms that, in Ontario, using the phrase “final and binding” in an arbitration clause may foreclose appellate review, even on questions of law. Where appeals are available on legal questions but leave is required, the would-be appellant must identify an extricable question of law — and courts do not readily extract legal issues from arbitral findings.
-
November 05, 2025
CIVIL PROCEDURE - Third party procedure - Notice - Striking out or setting aside
Appeal by Grant Thornton LLP from chambers judge’s decision striking third party notice. Two of the limited partners in a real estate development, Interior Equities Corp. and KF Capital Ltd., sued the general partner, Cadence at the Lake Management Ltd., claiming that CLM took certain steps that caused prejudice to their position.
-
November 04, 2025
Federal budget proposes new laws, spending cuts and $1 trillion in ‘generational investments’
The Liberal government’s 2025 federal budget contains dozens of legislative and justice-related proposals, including new and expanded anti-money laundering provisions, a new Canada Labour Code restriction on the use of non-compete agreements, and the creation of an Environmental Protection Tribunal of Canada. Summed up, the stated theme of the federal budget introduced by Finance and National Revenue Minister François-Philippe Champagne in the House of Commons on Nov. 4, 2025, is “smarter public spending and stronger capital investment.”
-
November 04, 2025
Court denies injunction in trademark dispute between mental health program providers
The Federal Court has dismissed a motion for an interlocutory injunction in an alleged trademark infringement case concerning the term “guardians” used by mental health and addictions program providers.
-
November 04, 2025
What are appropriate parenting orders in contentious divorce involving mental health, family violence?
The matter of Deschamps v. Deschamps, 2025 ONSC 4737 involved a 10-year marriage with two children (ages 13 and nine at the time of the decision) who had grown estranged from their mother after a history of family violence committed by the father against the mother.
-
November 04, 2025
Looking at Bill C-223 through a family violence lens
Bill C-223, Liberal MP Lisa Hepner’s private member’s bill, proposes revisions to the Divorce Act. These revisions build on significant changes with respect to the role of family violence in child-related issues made just four years ago through Bill C-78.
-
November 04, 2025
Border infractions can haunt non-citizens: Why appeals matter for immigration status
The consequences of border infractions under the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (respectively, the CA and PCMLTFA; collectively, the Acts) are minor in most instances — but for non-citizens in Canada, the circumstances can be very different, as border infractions may produce a significant headache from an immigration status standpoint.
-
November 04, 2025
When the soul suffers: Why moral injury should be compensable in law
It is a curious paradox of modern professional life that physical injury is readily compensable and psychological injury is increasingly actionable, yet wounds of conscience remain invisible to the law.
-
November 03, 2025
B.C. Court of Appeal upholds BMO class action over underpaid vacation, holiday pay
The B.C. Court of Appeal has upheld certification of a class action against the Bank of Montreal over allegations that it systematically underpaid statutory vacation and holiday pay to certain groups of employees.
-
November 03, 2025
Logan Maddin joins MLT Aikins in Calgary
MLT Aikins has welcomed associate lawyer Logan Maddin to its Calgary office.