Civil Litigation
-
August 13, 2025
Court upholds dismissal of warranty claim against manufacturer over defective toilets
The Ontario Court of Appeal has upheld a decision striking Ottawa Community Housing Corporation (OCHC)’s warranty and negligence claims over defective toilet systems, ruling the manufacturer was not a seller under the Sale of Goods Act (SGA) and the losses were pure economic loss.
-
August 13, 2025
Cowichan Nation descendants successful in land claims in ‘longest trial’ in Canada
In an Indigenous land claim case that spanned 513 trial dates, the B.C. Supreme Court has found that descendants of the historic Cowichan Nation have a claim to land and right to fish in an area of Richmond, B.C., and on the southern arm of the Fraser River. The province has noted it plans to appeal the decision.
-
August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
-
August 13, 2025
Three judicial appointments made to Ontario courts
Sean Fraser, Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency, announced yesterday that Jennifer M. Moser, Alexandra J. Bignucolo and Lisa M. Walters have been appointed judges of the Superior Court of Justice of Ontario in London.
-
August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.
-
August 12, 2025
Ontario Court of Appeal upholds unlimited liability in 2020 Ukraine International Airlines disaster
In what one lawyer describes as a “turning point” for global aviation safety,” the Ontario Court of Appeal has upheld a trial judge’s finding that Ukraine International Airlines (UIA) was negligent in allowing Flight PS752 to depart Tehran on Jan. 8, 2020, confirming the airline faces unlimited liability under the 1999 Montreal Convention for the deaths of all 176 people on board when the aircraft was shot down by Iranian missiles.
-
August 12, 2025
Yukon brings changes to help residents create ‘enduring’ powers of attorney
Yukon has brought into force legislative changes allowing residents to officially designate a power of attorney without having to hire a lawyer.
-
August 12, 2025
Privacy Commissioner of Canada issues guidance for businesses, feds on biometrics
The Office of the Privacy Commissioner of Canada (OPC) has issued “new guidance on protecting privacy in biometric initiatives,” noting the rise in organizations using biometric technologies “such as facial recognition and fingerprint scanning to verify identity and provide services.”
-
August 12, 2025
Miller Thomson welcomes Amit Ummat as a partner
National business law firm, Miller Thomson LLP, has announced that Amit Ummat has been named a partner.
-
August 12, 2025
Employers suing employees for negligence
Whether acting as counsel, mediator or arbitrator, I almost always tell employers the same thing: do not sue your employee just because they did a bad job. The law makes it very difficult to succeed and the attempt can backfire badly. Some courts have even awarded bad faith damages when a counterclaim was seen as nothing more than retaliation (e.g. “He has the nerve to sue us? Well, we are going to file a counterclaim!”).