Civil Litigation
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April 14, 2026
Lien discharge provision cannot be used to vacate lien security: Alberta court
The Alberta Court of King’s Bench reinstated security posted for a construction lien, finding that an applications judge erred by vacating it under inapplicable statutory provisions governing liens.
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April 14, 2026
Manitoba top judge talks 2024-25 Appeal Court report
Since taking the judicial helm, Manitoba’s chief justice has taken pains to lower the number of active cases in front of the province’s Court of Appeal — as is demonstrated in its latest annual report. And as the court continues its digital transformation, Chief Justice Marianne Rivoalen also hopes to one day be able to include statistics on the court’s use of remote hearings.
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April 14, 2026
Court dismisses CN’s abuse of process appeal in contamination case
The Ontario Court of Appeal has dismissed CN Rail’s appeal of an abuse of process finding in a case where its land was contaminated with substances from an adjacent property.
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April 13, 2026
Court allows leave to appeal in securities fraud conviction case
The Ontario Court of Appeal has allowed leave to appeal in a securities fraud conviction case to determine how a Supreme Court of Canada decision applies to acquittal appeals in the context of the Provincial Offences Act.
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April 13, 2026
Federal Court quashes ruling overturning First Nation election citing unfairness, bias
The Federal Court has set aside an order overturning the election of a First Nation’s chief and council, finding that the decision was tainted by procedural unfairness and a reasonable apprehension of bias.
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April 13, 2026
B.C. land claim decision ‘merits careful attention,’ lawyer says
A B.C.-based lawyer is saying a recent decision by the province’s top court in a land claim is of “particular significance and precedential value” as it represents the first time the court has made a declaration of Aboriginal title.
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April 13, 2026
Why equal shares aren’t always equal: RRIF estate tax lessons
What happens when a Registered Retirement Income Fund (RRIF) is included in an estate but the will says nothing about it? The Québec Superior Court answered that question in Noël c. Birk, 2026 QCCS 187, and the answer should matter to every estate planner, liquidator and testator with registered assets.
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April 13, 2026
Substance over form: Alberta Court of Appeal stays third-party claim in favour of arbitration
In Arsopi v. ARVOS GmbH, 2026 ABCA 49, the Alberta Court of Appeal (the ABCA) allowed an appeal from a decision that only partially stayed a third-party claim in favour of arbitration. The court concluded that the entire dispute fell within the scope of a broadly worded arbitration clause agreed to by sophisticated commercial parties.
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April 13, 2026
SCC’s new session precedes big moves as Martin J. and judges prep for departures
The Supreme Court of Canada’s spring docket presents the nine judges with a wide range of appeals, including the last cases to be heard by soon-to-retire Justice Sheilah Martin and her colleagues in their iconic 1940s-era Ottawa courthouse, which is slated for a multi-year major update. The Supreme Court’s new spring session, scheduled from April 13 to May 22, 2026, features 14 appeals, 10 of which involve criminal law issues.
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April 13, 2026
Should you make the first offer? Anchoring, aggression and strategy in settlement negotiations
Is it better to make a first offer in negotiations? And what about aggressive first offers — do they set an advantageous anchor or lead to insult and impasse?