Civil Litigation

  • September 16, 2026

    Court denies appeal for sequencing matters in Telus securities class action

    The B.C. Court of Appeal has dismissed an appeal in a proposed class action against Telus, finding that the judge did not err in ordering a petition on secondary market misrepresentation and the certification application to be heard sequentially.

  • September 16, 2026

    Privacy, information regulators focus on transparency, accountability at AGM

    This week, federal, provincial and territorial privacy and information commissioners and ombuds met in Ottawa to “explore ways to continue to foster public trust in democratic institutions through transparency, privacy protection and independent oversight.”

  • September 16, 2026

    Ontario Court of Appeal rejects set-off against contempt costs

    The Ontario Court of Appeal has upheld a lower court decision refusing to allow a contemnor to set off a contempt costs award against costs his companies received after the court found that their s. 7 Charter rights had been violated in the contempt proceedings.

  • September 16, 2026

    Pierringer settlements should not become windfalls for non-settling defendants

    Partial settlements are intended to narrow litigation, reduce risk and encourage resolution. But when one defendant settles under a Pierringer agreement and the plaintiff later succeeds at trial against a non-settling defendant, a second dispute can arise: how much of the pretrial settlement should be credited against the judgment?

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 16, 2026

    Completing purchases in a falling condo market, part two

    The first part of this article examines the reasons why purchasers of newly built proposed condominium units are particularly susceptible to being caught in a falling market. The challenges currently faced by many such purchasers, in a climate where prices are lower than they were at the time of executing the purchase agreement, are unusual but not unique. What are the options for a purchaser in regard to an upcoming closing of a proposed condominium unit from a declarant, where the market value of the unit is significantly less than the price set out in the purchase agreement? While there is no “silver bullet” solution to the problem, here are some thoughts:

  • September 16, 2026

    An executor’s duties and risks in becoming a corporate director

    When a deceased’s assets are concentrated in a private corporation, the estate trustee often feels pressured to become a director of the company. Is there a conflict? Is it a prudent course for a professional estate trustee?

  • September 16, 2026

    CIVIL PROCEDURE - Judgments and orders - Summary judgments - No genuine issue requiring trial

    Appeal by appellant from summary judgment dismissing his action against Bank of Nova Scotia (Bank) arising from losses caused by a counterfeit bank draft fraud. The appellant, an experienced lawyer, maintained his trust account under a Business Banking Services Agreement (BBSA) with the Bank.

  • September 16, 2026

    REMEDIES - Damages - Amount

    Appeal by Brillion Homes Ltd. (Brillion Homes) and Christa Vina Investment Ltd. (Christa Vina) (collectively, appellants) from a judgment awarding Tony Hayre Management Services Ltd. (Tony Hayre Management) damages for breach of a construction management contract.

  • September 15, 2026

    Amendment to Ontario’s Rules of Civil Procedure puts quotation accuracy at the filing gate

    The Sept. 1 amendment to Ontario’s Rules of Civil Procedure is narrow in wording but broad in effect. Ontario Regulation 275/26 now requires the person signing the statement in a factum to certify not only that every cited authority is authentic, but also that every quotation accurately reproduces its source text. It also adds a quotation-accuracy statement to expert reports under Rule 53.03.