Civil Litigation
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April 24, 2026
Court certifies hearing implant class action where 50% were defective
The Ontario Superior Court of Justice has certified a national class action alleging that the corporate defendants’ medical devices — cochlear implants surgically implanted for hearing impaired patients — were “risky, defective, and require users to undergo invasive revision surgery to have the device removed and replaced.”
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April 24, 2026
Breach of litigation undertaking doesn’t mandate dismissal: Federal Court
The Federal Court has upheld a decision allowing a plaintiff to amend its pleading despite breaching a litigation undertaking, emphasizing that the remedy for such a breach is discretionary.
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April 24, 2026
Ontario FOI changes ‘one of the most serious attacks on the public’s right to know’ in years: expert
The Ontario government has fast-tracked legislation through the provincial legislature that makes significant changes to the province’s freedom of information (FOI) laws, a move observers are calling “undemocratic” and dangerous.
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April 24, 2026
To be, or not to be ‘in-person,’ that is the question
It may seem overly dramatic to compare the court’s dilemma about mandating “in-person” motions in family court to Hamlet’s musings about whether to suffer the hardships of life or succumb to the unknown of death.
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April 24, 2026
B.C. Court of Appeal confirms Nuchatlaht hold Aboriginal title to entire claim area
On April 2, the British Columbia Court of Appeal released a landmark ruling in Nuchatlaht v. British Columbia, 2026 BCCA 137. The court granted the Nuchatlaht Aboriginal title to the entirety of the area claimed in the case — approximately 210 square kilometres of Nootka Island off the west coast of Vancouver Island.
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April 24, 2026
The hidden stress of workload management on young lawyers
Young lawyers expect to spend their early years learning how to research, draft, negotiate and advocate in court. Those skills are difficult, but at least they are taught openly. A senior lawyer will hopefully demonstrate how to structure a factum, mark up your work and explain what “good” looks like.
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April 24, 2026
CIVIL PROCEDURE - Injunctions - Preservation of property - Mareva injunctions
Appeal by appellant from an order adjudging him bankrupt and appointing B. Riley Farber Inc. as trustee of his estate (the Bankruptcy Order), and an order determining that a pre‑existing Mareva injunction obtained in the TUV litigation remained in effect (the Mareva Order).
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April 23, 2026
Saskatchewan introduces bill to bring in associate judges for King’s Bench
Taking its cues from a handful of other provinces, Saskatchewan has introduced legislation that would add associate judges to its Court of King’s Bench.
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April 23, 2026
Relocation law is stacked against mothers — Bill C-223 can fix it: Addressing bias
On Feb. 10, 2026, one of the deadliest mass shootings in Canada’s history occurred in Tumbler Ridge, B.C., where Jesse Strang killed her mother and half-brother in addition to several students of the local secondary school. We were surprised to find out that, in 2015, a court had denied Jesse’s mother’s request to relocate with her children from British Columbia to Newfoundland.
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April 23, 2026
Ontario Appeal Court nixes COVID-19 vaccine suit
Ontario’s top court has dismissed the case of a man arguing the federal government bore responsibility for the death of his son, who died 33 days after receiving a COVID-19 vaccine.