Civil Litigation

  • July 21, 2026

    B.C. court declines summary ruling in suspension bridge easement dispute

    The B.C. Supreme Court has declined to summarily resolve a dispute over whether a resort operator can charge neighbouring resort guests to access a suspension bridge under an easement, finding that more evidence about the circumstances surrounding the easement’s creation was needed before the court could decide the issue.

  • July 21, 2026

    Court reduces costs by 50% for medical ear implant class action certification

    In a national class action alleging that 50 per cent of the defendants’ medical ear implants were defective, the Ontario Superior Court of Justice has reduced the plaintiff’s requested costs due to mixed success.

  • July 21, 2026

    Law firm not disqualified from acting against former executive of corporate client

    Courts have the jurisdiction to remove counsel from the record in legal proceedings as lawyers are officers of the court and their conduct affects the administration of justice as a whole. However, disqualifying a lawyer from representing a party is an extreme remedy and often depends upon whether the public interest in preserving confidence in the administration of justice outweighs a litigant’s interest in retaining counsel of their choice.

  • July 21, 2026

    AI poised to save separating families millions of dollars and years of time

    The results of a recent study by an Ontario university and a non-profit organization have been published, and the conclusions are startling: the use of AI in family law disputes could produce legally accurate and fair outcomes at a fraction of the cost usually incurred — in most cases, in less than three minutes.

  • July 21, 2026

    How 249 Canadian courts and tribunals are addressing AI use

    By now, the problem is well-known. In March, we reported in Law360 Canada that Canadian courts and tribunals had flagged fictitious case citations in more than 111 decisions, a number that has reached 186 as of early July. In a June article, we showed that the consequences for the people who file them are inconsistent. This article asks the third and final question: what are the courts and tribunals themselves doing about it?

  • July 21, 2026

    How are our judges feeling about work?

    Canada’s federal judiciary is an important population whose day-to-day burdens have rarely been studied despite their institutional importance. For all the gravity of their role, we are only now uncovering how Canada’s judges are managing their mental health.

  • July 20, 2026

    Court allows 10 more discovery examinations in Uber class action

    In a class action against Uber over employment classification, the Ontario Superior Court of Justice has dismissed both parties’ motions to compel answers refused during discovery but allowed Uber leave to examine 10 additional class members.

  • July 20, 2026

    Court reduces construction manager award, rejects ongoing service fee in fixed-price contract

    The B.C. Court of Appeal has reduced the compensation awarded to a construction manager for work performed after a project’s expected completion date, finding that a trial judge erroneously implied an ongoing monthly payment obligation into a contract that specified a fixed fee of $220,000.

  • July 20, 2026

    Judge followed wrong procedure in granting strike injunction, Ontario court says

    Ontario’s top court has ruled that a motion judge used the wrong section of the provincial Courts of Justice Act (CJA) to grant an injunction in a labour dispute, and a lawyer representing the union involved says the decision lays to rest any debate over the correct procedural avenue to follow in similar situations.

  • July 20, 2026

    A brief history of no-fault experiments with auto insurance in North America: An Albertan perspective

    No other machines used by so many people in Canada are as dangerous as cars, trucks and motorcycles. Globally, approximately 1.19 million people die each year in road crashes, which are the leading cause of death for children and young adults aged 5-29 in the rest of the world (see World Health Organization, Road traffic injuries, July 2026).