Civil Litigation

  • May 29, 2026

    The appropriate framework for trust disclosure: Validity of proprietary rights theory

    When it comes to trust documents, an issue the courts have grappled with multiple times over the years is whether the beneficiaries of a trust are entitled to disclosure outside the context of adversarial litigation. Although trust beneficiaries are entitled to an accounting regarding the administration of trust property, there is no firmly established right to the disclosure of trust documents beyond an accounting.

  • May 29, 2026

    CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Jurisdiction

    Appeal by appellants of dismissal of its jurisdictional challenge and certification order as a class proceeding. The appellants, along with other affiliates, were part of the Airbnb group of companies. The companies operated a platform (the Airbnb Platform) that allowed travellers (Guests) to connect with individuals who had accommodations to offer for rent (Owners).

  • May 28, 2026

    B.C. Court of Appeal: Class member discovery orders not appealable as of right

    The B.C. Court of Appeal has quashed an appeal by Janssen Inc. and Johnson & Johnson in the province’s opioid health-care cost recovery class action, ruling that orders concerning discovery from class members are not appealable as of right.

  • May 28, 2026

    Commissioner highlights importance of privacy breach reporting in Bill C-25

    On May 28, the Privacy Commissioner of Canada, Philippe Dufresne, spoke to the Standing Senate Committee on Legal and Constitutional Affairs about the privacy implications of Bill C-25, the Strong and Free Elections Act.

  • May 28, 2026

    Federal Court refuses summary judgment in RCMP medical examination class action

    The Federal Court has refused to grant summary judgment in a class action concerning allegations claiming physicians conducting mandatory pre-employment medical examinations for RCMP applicants committed sexual assaults and other misconduct over more than four decades.

  • May 28, 2026

    Modernizing federal procurement: The case for arbitration

    Some progress has been made toward modernizing the Government of Canada’s federal procurement system. Achieving maximum efficiency has taken on heightened urgency as the federal government prepares to expand military procurement to unprecedented levels.

  • May 27, 2026

    A declaration without a remedy? Not quite: Late challenges to separation agreements

    A spouse who waits years to challenge a separation agreement may discover that even a successful application under s. 56(4) of the Family Law Act, R.S.O. 1990, c. F.3 gets them nothing. The application to set aside is timely. The equalization claim is not.

  • May 27, 2026

    Family court system continues to fail Ontarians

    There are moments in legal practice that leave a lasting impression — not because the law was difficult, or because the facts were complicated, but because the system itself failed the very people it was designed to protect.

  • May 27, 2026

    More concerns about the SCC’s Ahluwalia decision

    I have a friend (yes, indeed, I have a couple) who practises personal injury law. This past weekend he called me after reading about the Ahluwalia decision (Ahluwalia v. Ahluwalia, 2026 SCC 16). He visited and over tea, he asked me a simple question (really, a couple).

  • May 26, 2026

    Court revives claim against Air Canada improperly struck as champertous

    The Ontario Divisional Court has reinstated an action against Air Canada over a delayed flight, ruling that the Small Claims Court erred in striking as champertous a claim brought by the purchaser of the airline tickets.