Civil Litigation
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March 16, 2026
FCA orders RCMP review body to decide delayed appeals within 6 months
The Federal Court of Appeal has ordered the RCMP External Review Committee (ERC) to issue findings in long-delayed disciplinary appeals within six months, ruling that the Federal Court erred in denying mandamus relief after concluding the delay was not unreasonable.
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March 16, 2026
Ontario privacy, access to information proposals spark concerns about transparency, oversight
Ontario’s recently announced overhaul of its access to information and privacy framework has sparked backlash, with observers saying the proposed changes threaten transparency and oversight in the province.
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March 16, 2026
Court of Appeal for Ontario confirms stay where enforcement sought against non-party to arbitration
In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., 2026 ONCA 28, the Court of Appeal confirmed that enforcement proceedings in Ontario should be stayed based on forum non conveniens.
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March 16, 2026
Employers ignore mental health issues at their peril
Employers who think they are being clever by rushing to dismiss an employee, or quickly accepting a resignation before the employee explicitly raises mental health accommodation, often create liability for themselves.
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March 16, 2026
How I learned to stop worrying and love the bot
Over the past several decades, law became intertwined with numerous technologies that we simply incorporated into our workflow. We anticipate more creative destruction with generative AI, but with AI, we look into the mirror and sense the mirror looks back. Something more seems to exist than just the simple context window interface, and we tend to anthropomorphize. If all Roomba owners put googly eyes on their machine, most would believe the little guy was truly alive.
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March 16, 2026
CIVIL PROCEDURE - Appeals - Cross-appeals - Fresh evidence
Appeals by the Owners, Strata Plan KAS 1886 (Strata) from an order dismissing two petitions seeking recovery of unpaid strata fees from Odin Zavier and Gordon Lemon (respondents). Cross-appeals by respondents seeking costs if the appeals were dismissed.
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March 13, 2026
Feds reboot new police powers, obligations to give police & CSIS ‘lawful access’ to digital data
Following public outcry and stiff political opposition to its sweeping “strong borders” omnibus bill (Bill C-2), the minority Liberal government has migrated the expanded “lawful access” powers and new obligations for electronic service providers to assist police and CSIS investigators from C-2 into standalone legislation (Bill C-22).
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March 13, 2026
Malamas v. Wey: The impact of intimate partner violence on summary judgment motions
In the recent decision of the Ontario Court of Appeal in Malamas v. Wey, 2026 ONCA 133, Chief Justice Michael Tulloch addresses how intimate partner violence impacts the application of the Limitations Act, 2002 and the doctrines of res judicata and abuse of process in the context of motions for summary judgment.
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March 13, 2026
More on the politics of parental alienation
The recent article by Rina Groeneveld in Law360 Canada is an articulate summary of her position in support of Bill C-223, the Keeping Children Safe Act. Described by the writer as a “more nuanced” approach to the issue, my view is that, with significant respect, the article misses the point entirely. She writes from one vantage point, a former abused woman who provides support to other women who have shared her lived experience.
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March 13, 2026
CIVIL PROCEDURE - Disposition without trial - Discontinuance - Dismissal of action
Appeal by Yapi ve Kredi Bankasi Anonim Sirketi (YK Bank) from a decision dismissing its application to set aside a consent discontinuance in a fraudulent conveyance action. The action was commenced in 2013 (2013 action) by Şekerbank against Arslan and Al‑Katib.