Civil Litigation

  • November 19, 2025

    Refresher on legal ethics for unscrupulous litigators, part two

    In part one of this two-part series, I told the story of a lawyer from out west who I called Bill. Bill, apparently at the urging of his boss (who had bigger fish to fry), tried to dump a client (Bob) by making a motion to get off the record a few days before the trial date, and returnable on the trial date. He showed up, having done no trial preparation, and put the client at risk of being ordered to proceed with the trial.

  • November 19, 2025

    Trade dress: Peanut butter and other spreadable products in Canada

    Peanut butter and other spreadable products, beloved staples in Canadian pantries, have evolved beyond simple food items into branded products with distinct characteristics and packaging. As companies compete for consumer attention, legal protections such as trade dress play a crucial role in defining and safeguarding the identity of these products.

  • November 18, 2025

    Ontario to hold impaired drivers accountable for child support if they kill a parent

    The Government of Ontario is creating new measures that would “require impaired drivers to pay ongoing child support if they kill a child’s parent or guardian.”

  • November 18, 2025

    Alexandre-Philippe Avard appointed to Quebec Superior Court

    Alexandre-Philippe Avard, a partner at Dentons, has been appointed a judge of the Superior Court of Quebec for the district of Montreal.

  • November 18, 2025

    B.C. appoints 6 new judges

    The federal Department of Justice has announced the appointment of six new judges to British Columbia courts.

  • November 18, 2025

    Additional pre-construction costs depend on agreement of purchase and sale

    The purchase of a pre-construction townhouse or other home often involves a written agreement of purchase and sale (APS) that is signed years before the completion of construction and occupancy of the property. Buyers may be surprised if the developer imposes additional charges at the time of closing. Whether such charges are permitted generally depends upon the specific wording in the APS.

  • November 18, 2025

    Federal Court finds Videotron infringed two Adeia interactive TV patents

    The Federal Court has ruled that Videotron infringed two Adeia patents related to interactive television technologies that track viewing progress and restrict fast-forwarding of certain content.

  • November 18, 2025

    Court finds delayed treatment caused toddler’s quadruple amputation, awards $15M in damages

    KB v. Guhle (KB v. Guhle, 2025 ABKB 472 and KB v. Guhle, 2025 ABKB 474) is a medical malpractice case involving an 11-month-old girl who required a quadruple amputation after she developed a bacterial infection in her lungs which led to sepsis. The action revolved around three physicians who treated KB and whether their care fell below the standard, and if so, whether those failures caused her injuries.

  • November 18, 2025

    Proposed reforms of civil procedure: Refreshing reboot or more of the same?

    I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.

  • November 18, 2025

    INVASION OF PRIVACY - Personal information

    Appeal by appellants from certification of class proceeding; cross-appeal by respondent from judge’s refusal to certify a claim on behalf of Quebec residents. Each of the appellants was alleged to have played a role in the creation and operation of the RateMDs.com website which contained profiles of health professionals from across Canada, including their name, contact information, ratings, reviews, and comments from anonymous third parties.