Civil Litigation
-
February 26, 2026
Court allows appeal in uncertain covenant case concerning abuse of process doctrine
The British Columbia Court of Appeal has allowed an appeal in a case claiming uncertain covenants for units in a building, finding that the chambers judge did not adequately engage the abuse of process doctrine for relitigation.
-
February 26, 2026
The risks of endorsements: Emond v. Trillium Mutual Insurance Co.
In its 7-1-1 decision in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3 (Emond), the Supreme Court of Canada found that a homeowners’ insurance policy with an included guaranteed rebuilding cost endorsement did not cover the full costs of complying with updated regulatory requirements because those costs were clearly limited in the body of the policy.
-
February 26, 2026
Leeza Pece named partner at Jones Kopp
The Toronto-based Jones Kopp Litigation has named Leeza Pece as its newest partner.
-
February 26, 2026
The politics of parental alienation
Why is everything we do politicalized? Family law is on the cusp of social change, and we have seen many positive developments as a result of meaningful debate. However, I object to the latest attempt to politicalize a frequent issue arising in family law matters by the introduction of a private member’s bill in the House of Commons to banish parental alienation as a matter to be considered in high-conflict parenting disputes.
-
February 26, 2026
Ontario Court of Appeal confirms bankruptcy orders appealable as of right
The Ontario Court of Appeal has confirmed that bankruptcy orders are appealable as of right, rejecting arguments that its recent endorsement of a restrictive approach to insolvency appeals means leave is required to challenge a bankruptcy order.
-
February 26, 2026
A lawyer’s guide to developing leadership skills
A desire to lead should begin not with a hunger for power, but with an impulse to meet needs. The urge to lead should be born out of a desire to serve and empower. Whether for customers or clients, members or patients, markets or institutions, fulfilling needs through service is leadership.
-
February 26, 2026
ABORIGINAL LANDS - Practice and procedure - Appeals and judicial review
Appeal by appellants from a decision that struck the claim against them but allowed Wolastoqey Nation to pursue a declaration of Aboriginal title against the Crown over their privately owned lands.
-
February 25, 2026
Statutory contribution claims under Tort-Feasors Act cannot circumvent arbitration agreements: court
A defendant in a tort action cannot rely on the Alberta Tort-Feasors Act (TFA) to avoid an arbitration clause governing disputes with a third party from whom it seeks contribution, the Alberta Court of Appeal has ruled.
-
February 25, 2026
Gary Demeulenaere appointed to P.E.I. Supreme Court
Gary G. Demeulenaere, a partner at Stewart McKelvey in Charlottetown, has been appointed to the Supreme Court of Prince Edward Island in Charlottetown, according to a news release from the Department of Justice.
-
February 25, 2026
What the Ontario Court of Appeal wants you to know about commercial contracts
One of the fundamental rules of contract interpretation is that courts adopt a practical, common-sense approach that is not “dominated by technical rules of construction” (Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 at para. 47). The contract is read as a whole, giving the “words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time” of contract formation.