Civil Litigation

  • September 17, 2026

    Negotiating severance in Ontario after the Baker decision

    The hardest employment mediations I run are rarely hard because the law is complicated. They are hard because one side, sometimes both, arrives committed to a position the law no longer supports. Once a client has been told its case is strong, it is difficult to accept a different assessment later, even after an appellate court has shifted the ground.

  • September 17, 2026

    A new take on the Ontario courts’ practice directions

    There was a time when a family law client needed a parenting schedule, support or the sale of the home, so you typed out a notice of motion and an affidavit. Your client swore it was true. You filed it. A judge read it, heard argument, and it all was sorted out before lunch.

  • September 17, 2026

    Charter protection is for everyone: Corrections system must address transgender situation

    A lawsuit brought by Jeffrey Hartman, a partner in the Toronto law firm Lockyer, Zaduk Zeeh, concerns an alleged incident at a federal institution in Ontario and raises an uncomfortable question for the correctional system: how should prisons accommodate transgender inmates while maintaining the safety, security and privacy of everyone in their care?

  • September 16, 2026

    Court denies appeal for sequencing matters in Telus securities class action

    The B.C. Court of Appeal has dismissed an appeal in a proposed class action against Telus, finding that the judge did not err in ordering a petition on secondary market misrepresentation and the certification application to be heard sequentially.

  • September 16, 2026

    Privacy, information regulators focus on transparency, accountability at AGM

    This week, federal, provincial and territorial privacy and information commissioners and ombuds met in Ottawa to “explore ways to continue to foster public trust in democratic institutions through transparency, privacy protection and independent oversight.”

  • September 16, 2026

    Ontario Court of Appeal rejects set-off against contempt costs

    The Ontario Court of Appeal has upheld a lower court decision refusing to allow a contemnor to set off a contempt costs award against costs his companies received after the court found that their s. 7 Charter rights had been violated in the contempt proceedings.

  • September 16, 2026

    Pierringer settlements should not become windfalls for non-settling defendants

    Partial settlements are intended to narrow litigation, reduce risk and encourage resolution. But when one defendant settles under a Pierringer agreement and the plaintiff later succeeds at trial against a non-settling defendant, a second dispute can arise: how much of the pretrial settlement should be credited against the judgment?

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 16, 2026

    Completing purchases in a falling condo market, part two

    The first part of this article examines the reasons why purchasers of newly built proposed condominium units are particularly susceptible to being caught in a falling market. The challenges currently faced by many such purchasers, in a climate where prices are lower than they were at the time of executing the purchase agreement, are unusual but not unique. What are the options for a purchaser in regard to an upcoming closing of a proposed condominium unit from a declarant, where the market value of the unit is significantly less than the price set out in the purchase agreement? While there is no “silver bullet” solution to the problem, here are some thoughts:

  • September 16, 2026

    An executor’s duties and risks in becoming a corporate director

    When a deceased’s assets are concentrated in a private corporation, the estate trustee often feels pressured to become a director of the company. Is there a conflict? Is it a prudent course for a professional estate trustee?