Civil Litigation

  • 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).

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Probate: When it’s not a simple over-the-counter court application

    In the usual course of estate administration, one of the preliminary steps is often obtaining a Certificate of Appointment of Estate Trustee with a Will (often referred to as “probate”). Generally, this is an administrative, over-the-counter process. The applicant files the original will, the prescribed application forms, any supporting materials required by the court, and pays the applicable Estate Administration Tax. If the application is in order, the court issues a Certificate of Appointment confirming the authority of the estate trustee named in the will.

  • June 05, 2026

    Clark Wilson adds Erin Valentine to Vancouver team

    Clark Wilson has added Erin Valentine as an associate in its higher learning and business litigation groups in Vancouver.

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 05, 2026

    Hayley Main returns to TDS in Winnipeg

    Hayley Main has rejoined Thompson Dorfman Sweatman LLP (TDS) as a litigation associate in its Winnipeg office.

  • June 05, 2026

    CIVIL PROCEDURE - Costs - Appeals - Quashing or dismissal of - Abandonment or dismissal for delay

    Appeal by Janet Henley from a costs award arising out of long-running estate litigation between siblings. The decision under appeal ordered that each party bear their own costs. After that decision, but before a formal order was entered, Janet Henley and Brian Henley brought a Rule 20A application seeking enhanced costs based on offers to settle.