Civil Litigation
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February 27, 2026
Court upholds dismissal of trademarks for confusion with Hershey’s Kisses
The Federal Court of Appeal has dismissed a chocolate company’s appeal arguing that SWISSKISS trademarks it sought to register would not be confused with Hershey’s Kisses.
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February 27, 2026
The risks of endorsements: Ambiguity of policy in Emond v. Trillium Mutual Insurance Co.
In part one (The risks of endorsements: Emond v. Trillium Mutual Insurance Co.), we discussed the background of the coverage dispute in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3, and identified and analyzed the dissenting finding of Justice Andromache Karakatsanis and Justice Suzanne Côté that the policy was ambiguous. In part two we continue the discussion of Justices Karakatsanis and Côté’s finding.
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February 27, 2026
Nova Scotia proposes list of changes to child protection laws
Nova Scotia is proposing new child welfare legislation that would outlaw the use of social media to identify a child involved in a court proceeding, extend publication bans beyond the end of a court case and widen the pool of those to be entered into the province’s child abuse register.
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February 27, 2026
Top judge, bar leaders call on profession to intensify defence of judicial independence, rule of law
To defend against the rising attacks on the rule of law in Canada, members of the bar and bench must step up their efforts to support judicial independence and counter misinformation and political interference with the courts, say Canada’s top judge and bar leaders.
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February 27, 2026
Are the AFCC Parenting Guidelines now law in Ontario?
In Tremblay-Chartier v. Blanchette, 2025 ONSC 6273, a three-judge panel of the Ontario Divisional Court comprised of Justices Nancy Backhouse, Richard Lococo and Sharon Shore considered an appeal by a mother granting the father equal parenting time with their 15-month-old child on a week-about basis.
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February 27, 2026
Ontario court enforces settlement despite unexecuted release
In Stribling v. Starbucks Coffee Canada Inc., 2026 ONSC 1030, the Ontario Superior Court of Justice confirmed that employers and employees can form a legally binding agreement even where the agreement provides that a full and final release will be executed later. The decision illustrates that once the essential terms of a settlement are clearly set out and accepted, courts will hold the parties to those terms.
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February 27, 2026
Curative provision of Planning Act consent trumps lease: Court of Appeal
On Feb. 20, the Ontario Court of Appeal released its decision in McDonald’s Restaurants of Canada Ltd. v. North Elgin Centre Inc., 2026 ONCA 129, in which the court dismissed the appeal by the landlord regarding a long-term ground lease to its tenant, McDonald’s.
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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.
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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.
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February 26, 2026
Leeza Pece named partner at Jones Kopp
The Toronto-based Jones Kopp Litigation has named Leeza Pece as its newest partner.