Civil Litigation

  • 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?

  • September 16, 2026

    CIVIL PROCEDURE - Judgments and orders - Summary judgments - No genuine issue requiring trial

    Appeal by appellant from summary judgment dismissing his action against Bank of Nova Scotia (Bank) arising from losses caused by a counterfeit bank draft fraud. The appellant, an experienced lawyer, maintained his trust account under a Business Banking Services Agreement (BBSA) with the Bank.

  • September 16, 2026

    REMEDIES - Damages - Amount

    Appeal by Brillion Homes Ltd. (Brillion Homes) and Christa Vina Investment Ltd. (Christa Vina) (collectively, appellants) from a judgment awarding Tony Hayre Management Services Ltd. (Tony Hayre Management) damages for breach of a construction management contract.

  • September 15, 2026

    Amendment to Ontario’s Rules of Civil Procedure puts quotation accuracy at the filing gate

    The Sept. 1 amendment to Ontario’s Rules of Civil Procedure is narrow in wording but broad in effect. Ontario Regulation 275/26 now requires the person signing the statement in a factum to certify not only that every cited authority is authentic, but also that every quotation accurately reproduces its source text. It also adds a quotation-accuracy statement to expert reports under Rule 53.03.

  • September 15, 2026

    Quebec Court of Appeal’s approach to binding arbitration clauses aligns with Ontario’s law

    In Avalin Group FZE c. Lauzon -- Planchers de bois exclusifs inc., 2026 QCCA 651, the Quebec Court of Appeal overturned the decision of the Quebec Superior Court, which considered that the wording of the arbitration prevented any referral of the case at hand to arbitration.

  • September 15, 2026

    To close or not to close: Completing purchases in a falling condo market

    The prospect of upcoming new residential condominium closings is causing significant anxiety to both purchasers and developers. The issue: current market conditions have created the unusual situation in which the market value of proposed units has fallen.

  • September 15, 2026

    How technology industrializes fraud, confounds criminal justice system

    I was recently approached by email and asked to be interviewed about my latest book on a Zoom call that would reach more than 800 viewers. What troubled me was that the Zoom call was to originate in Dubai. I checked the company before accepting. The Winnipeg Free Press had reported on the venture and labelled it a scam intent on pushing authors to make sizable donations.

  • September 15, 2026

    DEFAMATION - Defamatory statements - What constitutes defamatory words

    Appeal by appellant from an order dismissing his defamation action under the Protection of Public Participation Act (PPPA), and cross-appeal by the respondent from the order that the parties bear their own costs.