Civil Litigation

  • October 05, 2026

    Rule of law depends on boosting public’s understanding & confidence, SCC hears as new session opens

    Canada needs to find new ways to sustain and strengthen its democratic institutions, especially to drive home to Canadians how much their independent justice system benefits them in their daily lives, top jurists say. At the Oct. 5 ceremonial opening of the Supreme Court of Canada’s judicial year in Ottawa, Chief Justice of Canada Richard Wagner told the audience of lawyers and judges he appreciated that “across the country, I’ve seen many of you speak out publicly to reiterate the importance of the rule of law and of an independent judiciary.”

  • October 05, 2026

    Federal Court of Appeal rejects tax credit appeals for software donation scheme

    The Federal Court of Appeal has dismissed appeals over charitable donation tax credits claimed by appellants, affirming findings that the software licences donated by the taxpayers had little or no reliable proven value. In over 1,500 related cases, not one appeal was successful.

  • October 05, 2026

    Ontario Appeal Court revives indemnity claim against business purchaser

    The Ontario Court of Appeal has overturned a finding that former business owners had not provided personal guarantees covered by the purchaser’s indemnity agreement, ruling that the motion judge focused too narrowly on the loan’s wording instead of the commercial context of the relevant agreements.

  • October 05, 2026

    Plaintiffs awarded $800,000 in damages for defamation

    Although general damages in a defamation action are not subject to a fixed ceiling or are “at-large,” courts rarely award a plaintiff significant damages for their loss of reputation. The Canadian cases in which general damages in the amounts of hundreds of thousands have been awarded are confined to circumstances where the plaintiff is a professional, such as lawyer, whose career is dependant on having a good reputation or where the defendant has been noted in default and the court is asked to assess damages based only on the representations of the defamed plaintiff.

  • October 05, 2026

    Saskatchewan appoints first associate judges to Court of King’s Bench

    Saskatchewan has appointed its first associate judges to the Court of King’s Bench following legislation that came into force Oct. 1.

  • October 05, 2026

    Justice minister makes 8 judicial appointments in Ontario

    Federal Justice Minister Sean Fraser has announced the appointment of eight judges in Ontario.

  • October 05, 2026

    Ontario paralegal taking immigration fight to SCC

    An Ontario paralegal is pledging to continue the fight after the province’s top court dealt him a blow in his attempts to argue that he has a larger scope of practice in immigration matters than the law society allows.

  • October 05, 2026

    Some suggested Ahluwalia protocols in family law

    Since the Supreme Court decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, my calendar has been quite busy with in-person court attendances, law association events and CPD programs.

  • October 05, 2026

    REGISTRATION OF DOCUMENTS - Lis pendens or certificates of pending litigation - Vacating of

    Appeal by 1316215 BC Ltd. (1316 Co.) from the dismissal of its application to cancel a certificate of pending litigation (CPL). Its second application sought cancellation pursuant to s. 252 of the Land Title Act (LTA), on the ground that no steps were taken in the first action for over a year.

  • October 05, 2026

    CIVIL PROCEDURE - Pleadings - Amendment of - Striking out pleadings or allegations – Moot issues

    Appeal by lawyer, Anjos, from an order declining to strike Jones’ negligence claim against her and granting him leave to amend his pleadings. Anjos represented Davidson in estate litigation against Jones, who was represented by his own lawyer throughout.