Civil Litigation

  • July 31, 2026

    SCC takes deep dive into ‘spoliation’ for the first time in more than a century

    The Supreme Court of Canada has unanimously set out the presumptions, procedure and remedies applicable to litigated claims of “spoliation” — i.e., claims against parties who engage in the “intentional destruction, alteration, mutilation, or concealment of evidence with a view to subverting the truth-finding process during litigation.”

  • July 31, 2026

    First Nation membership dispute outside of Federal Court jurisdiction, Appeal Court finds

    In a case spanning more than 25 years, the Federal Court of Appeal has agreed that the Federal Court does not have jurisdiction over issues relating to a First Nation band’s denial of membership to women who married out and their children, even though it had ruled on the merits in their favour.

  • July 31, 2026

    DOCUMENT RETENTION POLICIES - As a defence to spoliation - Spoliation

    Appeal by SS&C Technologies Canada Corporation (SS&C) from a judgment of the Ontario Court of Appeal. SS&C supplied proprietary financial data used to generate securities pricing information. In 1999, its predecessor entered into a data services agreement with Bank of New York Mellon Corp.’s (BNYM) predecessor authorizing only BNYM to access the data and prohibiting its sharing, redistribution, or sale to third parties, including affiliates.

  • July 31, 2026

    Law Commission of Canada issues annual report, provides project updates

    The Law Commission of Canada (LCC) has released its annual report, which “highlights the commission’s work and achievements over the past reporting year, providing updates on projects and programs” between April 2025 to March 2026.

  • July 31, 2026

    Litigator Tristan Tremblay joins Langlois in Quebec City

    Tristan Tremblay has joined Langlois’s litigation group in Quebec City.

  • July 31, 2026

    Canada’s AI strategy sets the stage for growth, governance and data sovereignty

    Artificial intelligence is reshaping economies, industries and the global competitive landscape at an unprecedented pace. Recognizing both the opportunities and the risks presented by this technological shift, the federal government launched Canada’s National Artificial Intelligence Strategy: AI for All on June 4, 2026.

  • July 31, 2026

    How ‘Spygate’ ended Southampton FC’s premier league promotion bid

    Two days before Southampton FC was scheduled to play Middlesbrough FC in the recent two-leg English Football League (EFL) championship playoff semifinal, with a promotion-deciding final against Hull City FC set to follow, allegations emerged that a Southampton staff member had been observing and recording Middlesbrough’s training session.

  • July 30, 2026

    Privative clause struck down; judicial review for ‘legality’ is constitutionally guaranteed: SCC

    In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact.

  • July 30, 2026

    JUDICIAL REVIEW AND STATUTORY APPEAL - Scope of review - Jurisdiction of the court to review

    Appeal by Democracy Watch from a decision of Federal Court of Appeal dismissing its application for judicial review. The Conflict of Interest and Ethics Commissioner (the Commissioner) released a report concluding that then Prime Minister Justin Trudeau had not contravened the Conflict of Interest Act (the COIA) when he participated in two funding decisions relating to the WE Charity.

  • July 30, 2026

    Gig workers: How to use voluntary disclosure for unreported income to avoid 50% penalties

    This is part of a three-part Law360 Canada series on taxation of the platform economy. Part one covered Canada’s platform-reporting regime under Part XX of the Income Tax Act. Part two covered income characterization and GST/HST compliance for platform earners.