June 08, 2026
Artificial intelligence is not a “magic toolbox” for conducting legal research.
June 08, 2026
A decision of the Ontario Superior Court of Justice a few years ago in Simone v. 1312733 Ontario Inc., 2019 ONSC 4420 (appeal dismissed by Divisional Court at 2020 ONSC 6546) set out some important principles to be applied when seeking an order for partition under the Partition Act, R.S.O. 1990, c. P.4. In particular, the court in Simone addressed the circumstances in which an order may be obtained for the partition of property instead of its sale and payment of sale proceeds to the co-owners (for a more detailed analysis of this case, see Partition orders are rare, for good reason).
June 05, 2026
Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”
June 05, 2026
In the usual course of estate administration, one of the preliminary steps is often obtaining a Certificate of Appointment of Estate Trustee with a Will (often referred to as “probate”). Generally, this is an administrative, over-the-counter process. The applicant files the original will, the prescribed application forms, any supporting materials required by the court, and pays the applicable Estate Administration Tax. If the application is in order, the court issues a Certificate of Appointment confirming the authority of the estate trustee named in the will.
June 05, 2026
Clark Wilson has added Erin Valentine as an associate in its higher learning and business litigation groups in Vancouver.
June 05, 2026
When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.
June 05, 2026
Hayley Main has rejoined Thompson Dorfman Sweatman LLP (TDS) as a litigation associate in its Winnipeg office.
June 05, 2026
Appeal by Janet Henley from a costs award arising out of long-running estate litigation between siblings. The decision under appeal ordered that each party bear their own costs. After that decision, but before a formal order was entered, Janet Henley and Brian Henley brought a Rule 20A application seeking enhanced costs based on offers to settle.
June 05, 2026
An Ontario farm operator has lost its arguments at the province’s highest court that it should not bear responsibility for the collapse of a bridge on its land.
June 04, 2026
The Federal Court of Appeal has dismissed an appeal challenging the approval of an offshore oil and gas project, rejecting arguments that environmental review and Indigenous consultation were inadequate.