Civil Litigation

  • May 27, 2026

    A declaration without a remedy? Not quite: Late challenges to separation agreements

    A spouse who waits years to challenge a separation agreement may discover that even a successful application under s. 56(4) of the Family Law Act, R.S.O. 1990, c. F.3 gets them nothing. The application to set aside is timely. The equalization claim is not.

  • May 27, 2026

    Family court system continues to fail Ontarians

    There are moments in legal practice that leave a lasting impression — not because the law was difficult, or because the facts were complicated, but because the system itself failed the very people it was designed to protect.

  • May 27, 2026

    More concerns about the SCC’s Ahluwalia decision

    I have a friend (yes, indeed, I have a couple) who practises personal injury law. This past weekend he called me after reading about the Ahluwalia decision (Ahluwalia v. Ahluwalia, 2026 SCC 16). He visited and over tea, he asked me a simple question (really, a couple).

  • May 26, 2026

    Court revives claim against Air Canada improperly struck as champertous

    The Ontario Divisional Court has reinstated an action against Air Canada over a delayed flight, ruling that the Small Claims Court erred in striking as champertous a claim brought by the purchaser of the airline tickets.

  • May 26, 2026

    Saskatchewan regulator lists upcoming legal conferences

    It will be a jam-packed June of legal conferences at the Law Society of Saskatchewan, featuring sessions on child well-being in mediation, tribunal decision writing and the drafting of legislative documents in the environmental realm.

  • May 26, 2026

    Court allows judicial review in trucking LMIA case

    The Federal Court has allowed a judicial review in a case where a trucking company sought to hire temporary foreign workers but did not have ownership of the trucks itself.

  • May 26, 2026

    Alicia Kennedy joins Wagners to lead sexual assault litigation practice

    Alicia Kennedy has joined Wagners Law Firm in Halifax, where she will lead the firm’s sexual assault and abuse litigation practice.

  • May 26, 2026

    Canada is moving too slowly on coercive control in elder abuse cases

    Canada is on the verge of closing a significant gap on how the law understands abuse. Bill C-16, the Protecting Victims Act, would create a standalone criminal offence for coercive and controlling conduct in intimate partner relationships, recognizing that a pattern of non-physical behaviour can be as harmful as a single act of violence. This shift reflects growing legal recognition of coercive control as a serious form of family violence, most notably in the Supreme Court of Canada’s recent decision in Ahluwalia v. Ahluwalia, 2026 SCC 16.

  • May 26, 2026

    Restituted art: Evolution of the legal framework

    During the Holocaust, Nazi Germany and its agents systematically looted approximately 20 per cent of Europe’s art, totalling an estimated 600,000 artworks. Although the restitution of these artworks and other cultural artifacts is very challenging work, the “legal framework” applicable has been evolving over the past few decades to the benefit of the families of despoiled victims.

  • May 25, 2026

    N.S. Appeal Court examines ‘natural justice’ in child parenting case

    Lawyers must speak up about irregularities in the processes of trial proceedings, says one involved in a family law matter where a mother was denied “natural justice” after being made to testify ahead of those challenging her in court.