Civil Litigation

  • August 06, 2026

    Court upholds dismissal of CUPW defamation action over comments that it supports Hamas

    The Ontario Court of Appeal has upheld the dismissal of a defamation action brought by the Canadian Union of Postal Workers (CUPW) over comments suggesting it supported terrorism and Hamas, finding that the defence of fair comment applied even though the statements were defamatory and substantially untrue.

  • August 06, 2026

    Federal Court declines to order transgender ‘dangerous offender’ moved to women’s prison

    Most transgender women in federal correctional institutions are incarcerated in prisons for men, the Federal Court heard in a recent review of the penitentiary system’s refusal to move a transgender inmate to a women’s prison. The inmate fears for her safety in the maximum-security men’s prison where she is incarcerated.

  • August 06, 2026

    Prediction markets and tax law: How prediction-market trading triggers crypto tax rules

    Part one of this series established that the source-of-income analysis under Stewart v. Canada, 2002 SCC 46 is the threshold inquiry for prediction-market participants, and that Leblanc v. The Queen, 2006 TCC 680 — which held that systematic sports lottery wagering did not constitute a business — is the most directly applicable Canadian authority, albeit one whose reasoning does not map cleanly onto the structural features of prediction-market trading. Part two addresses the next analytical layer: assuming a source of income exists, how should the underlying prediction-market contracts be characterized, and what additional tax consequences arise from the cryptocurrency infrastructure through which most major platforms operate?

  • August 06, 2026

    Ontario decision determines transfer by corporate property owner not a fraudulent instrument

    The Ontario land titles registry was designed to promote certainty and reliability in real estate transactions. A potential buyer is generally entitled to rely on what is reflected in the registered title (known as the “mirror principle”) and, unless they have notice of competing claims, they should be able to acquire title without investigating past dealings or private disputes that may exist behind the registered ownership (known as the “curtain principle”).

  • August 06, 2026

    When a red card isn’t the end: FIFA’s Balogun decision explained

    After spending several days considering how the United States’ men’s national team would adapt to missing their top scorer following a controversial red card, the footballing world learned that Folarin Balogun’s one-match suspension had been suspended by FIFA’s disciplinary committee, and that he would be eligible to play in the Round of 16 match against Belgium on July 6.

  • August 05, 2026

    Solicitor-client-privileged advice not a registerable ‘foreign influence activity’: commissioner

    Foreign Influence Transparency Commissioner Anton Boegman has issued guidance about when “licensed legal professionals” are required to register their work for foreign principals as “influence activities” in the new public foreign influence registry. The new commissioner issued five interpretation bulletins — including one specifically for lawyers — to give guidance on how to comply with the obligations under the Foreign Influence Transparency and Accountability Act (FITAA) and its regulations, which came into force Aug. 4.

  • August 05, 2026

    Ontario auto insurance changes leave public facing gaps in coverage, lawyers say

    Lawyers are saying Ontario’s recent overhaul of standard auto insurance coverage is leaving potential accident victims exposed to major gaps in benefits — a situation they may not be aware of. As of July 1, the only statutory accident benefits (SABs) automatically included in Ontario’s standard automobile policy are medical, rehabilitation and attendant care benefits.

  • August 05, 2026

    Shimon Sherrington joins BD&P’s litigation group

    Shimon Sherrington has joined BD&P as an associate in its commercial litigation and dispute resolution group in Calgary.

  • August 05, 2026

    Court orders new trial as plaintiffs denied opportunity to address unpleaded defences

    The Ontario Court of Appeal has ordered a new trial in a collection action, finding that the trial judge relied on two unpleaded defences to dismiss the case without giving the plaintiffs a meaningful opportunity to respond.

  • August 05, 2026

    Five noteworthy Ontario class action decisions from Q2 2026

    This past quarter featured several Ontario decisions refusing stays of parallel and individual actions. Courts also considered competing approaches to the predominance test, allowed failure-to-warn and recall-notice claims involving allegedly flawed product designs to proceed and varied an unpaid costs award to make plaintiff’s counsel personally liable.