Civil Litigation

  • June 09, 2026

    Ontario farm trespass law survives free speech challenge

    Ontario’s top court has ruled in favour of a provincial law aimed at trespassing on farms, saying it did not violate the Charter’s free expression protections.

  • June 09, 2026

    Court orders new trials in property dispute after finding errors in implied-term analysis

    The British Columbia Court of Appeal has ordered a new trial in a dispute over lot purchase agreements signed in 2016, finding that a trial judge erred in concluding that the contracts remained enforceable until a development condition was satisfied eight years later.

  • June 09, 2026

    N.L. giving greater powers to province’s seniors’ advocate

    Newfoundland and Labrador has passed legislation giving its seniors’ advocate the powers of “individual advocacy and investigation.” According to a June 5 news release, the move aligns the role of the province’s seniors’ advocate with that of “similar statutory officers,” such as the citizens’ representative and the child and youth advocate.

  • June 09, 2026

    Court rejects EA’s appeal of class action certification against its in-game loot boxes

    The British Columbia Court of Appeal has dismissed an appeal and cross-appeal of a certified class action against video game company Electronic Arts Inc. (EA) relating to the sale of “loot boxes” bought by players in 77 games.

  • June 09, 2026

    When arbitration isn’t final: B.C. Court of Appeal opens door to procedural fairness appeals

    Imagine receiving an arbitral award that strikes you as procedurally flawed: the arbitrator rendered a costs decision without ever soliciting your submissions. Your contract stipulates that arbitration is final. What options, if any, are available to you?

  • June 09, 2026

    CIVIL PROCEDURE - Pleadings - Amendment of

    Appeal by Rogers Communications Inc. (Rogers) from a decision of the Competition Tribunal (Tribunal) denying, in part, Rogers’ motion for leave to amend its Response to the Commissioner of Competition’s (Commissioner) Notice of Application. Motion by Rogers to adduce fresh evidence. The underlying Tribunal proceeding concerned allegations that Rogers’ marketing of its Infinite wireless plans was deceptive, because the plans did not provide unlimited high speed data.

  • June 08, 2026

    Carney cites GG Louise Arbour’s lifelong defence and promotion of ‘justice, dignity and equality’

    Prime Minister Mark Carney cited the extraordinary international and domestic legal experiences and deep constitutional expertise of Louise Arbour as a law professor, UN war crimes prosecutor and judge at all court levels as key attributes that led to her appointment as Canada’s 31st Governor General.

  • June 08, 2026

    Law Society of Saskatchewan annual report details limited licensing, public complaints portal

    The Law Society of Saskatchewan turned out a “solid” annual report for 2025 — and members should pay particular attention to the implementation of limited licensing in the province, says the regulator’s past president.

  • June 08, 2026

    Message to (young) lawyers: Artificial intelligence is not your ‘magic toolbox’

    Artificial intelligence is not a “magic toolbox” for conducting legal research.

  • June 08, 2026

    Is it now easier to obtain a partition order? Perhaps

    A decision of the Ontario Superior Court of Justice a few years ago in Simone v. 1312733 Ontario Inc., 2019 ONSC 4420 (appeal dismissed by Divisional Court at 2020 ONSC 6546) set out some important principles to be applied when seeking an order for partition under the Partition Act, R.S.O. 1990, c. P.4. In particular, the court in Simone addressed the circumstances in which an order may be obtained for the partition of property instead of its sale and payment of sale proceeds to the co-owners (for a more detailed analysis of this case, see Partition orders are rare, for good reason).