Civil Litigation
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March 12, 2026
B.C. ban on arbitration clauses in consumer contracts is retrospective, not retroactive: court
The B.C. Court of Appeal has ruled that amendments to the province’s Business Practices and Consumer Protection Act (BPCPA) banning arbitration clauses in consumer contracts do not apply retroactively, upholding a stay of proceedings against Rogers Communications Canada Inc. in favour of arbitration.
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March 12, 2026
Patel v. Bhatt: A model for child abduction under the Hague Convention
International child abduction cases are a matter of great concern to Canadian and international courts alike. The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was designed to secure the prompt return of children who were wrongfully removed to or retained in any contracting state, and to ensure that the rights of custody and access under the law of one contracting state are effectively respected in the other contracting states.
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March 12, 2026
Lerners welcomes new partner Pam Hrick
Pam Hrick has joined Lerners LLP as a partner in the firm’s Toronto office, working with its dispute resolution and advocacy group, as well as its personal injury (sexual assault and abuse) group.
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March 12, 2026
Sound of silence sinks deal: Settlement agreements need sharper drafting
The Ontario Superior Court’s decision in Cross v. Cooling Tower Maintenance Inc., 2025 ONSC 7203 is a useful reminder that settlement agreements must be drafted with care, especially where salary continuance, mitigation obligations and repayment provisions are involved. If counsel intend a breach to trigger serious consequences, those consequences must be set out clearly. Courts will enforce the agreement the parties made, not the one that one side later wishes it had drafted.
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March 12, 2026
N.W.T. issues ‘What We Heard’ report on planned trespass laws
Many residents of the Northwest Territories consider trespassing on private property to be a problem and want laws that give them more tools to remove trespassers, require them to identify themselves and allow their arrest.
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March 11, 2026
Ontario court certifies class action against Johnson & Johnson over baby powder cancer risk
The Ontario Superior Court has certified a nationwide class action concerning allegations that Johnson & Johnson’s talc-based baby powder increased the risk of ovarian cancer and was marketed without adequate warnings.
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March 11, 2026
Good faith in contracts clarified by B.C. Court of Appeal
In Pandher v. Dhanesar, 2026 BCCA 63, the British Columbia Court of Appeal allowed an appeal, finding that the trial judge incorrectly applied the legal principles governing contractual interpretation and the duty of good faith in assessing the exercise of contractual discretion.
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March 11, 2026
The billable hour is running out of time
Early in my career, I noticed a pattern I could not ignore. I would build rapport with clients, earn their trust and then watch everything fall apart the moment the invoice was sent. They were not upset with me personally, even though sometimes it felt that way. They were blindsided by a system that charged them in a way they found unfair. Even worse, I would get penalized if I found strategies to be fast and efficient to make it more fair.
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March 11, 2026
CIVIL PROCEDURE - Contempt of court - Injunctions - Enforcement
Appeal by appellant from two judgments, including a finding of contempt and a 90-day custodial sentence. The parties married in 1999, separated in 2009, and divorced in 2018. They had two children. The appellant was the sole income earner and earned millions during the marriage.
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March 10, 2026
B.C. Court of Appeal reinstates Health Professions Act confidentiality provisions
The B.C. Court of Appeal has overturned a ruling that struck down as unconstitutional provisions of the Health Professions Act (HPA) that bar the use of certain information shared by physicians with their regulator as evidence in civil cases.