Civil Litigation
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February 19, 2026
Non-party to mortgage contract has claim against lender and lawyer struck
The Rules of Civil Procedure contain powerful rules for the pretrial disposition of actions. One of those rules is rule 21, which, among other things, permits a defendant to strike out an action on the grounds that it discloses no reasonable cause of action or on the grounds that it is frivolous, vexatious or an abuse of process. For malpractice lawyers who defend claims against lawyers, rule 21 is often relied upon to seek the early dismissal of an action in circumstances where the plaintiff and the defendant lawyer were not in a solicitor-and-client relationship.
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February 18, 2026
Federal Court strikes elevator monitoring patent claim over pleading defects
The Federal Court has struck a patent infringement suit over elevator and escalator monitoring technology, ruling that the plaintiff failed to plead the material facts necessary to show which products allegedly infringed which of the patent’s claims.
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February 18, 2026
Court upholds CBC’s right to redact ad spend data
The Federal Court has dismissed a judicial review application relating to the Canadian Broadcasting Corporation (CBC)’s redaction of certain information in its advertising expenditures after an access-to-information request.
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February 18, 2026
B.C. court halts CRA charity revocation pending constitutional challenge
The British Columbia Supreme Court has granted interim relief to a registered charity facing revocation of its status under the Income Tax Act, holding that the court has jurisdiction to restrain publication of a revocation notice where a constitutional challenge is contemplated.
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February 18, 2026
Saskatchewan court rules on tax exemptions for property with schools, religious spaces
Saskatchewan’s high court has shown that religious groups or schools wanting tax exemptions on property must not only occupy and operate it but also be using it for its intended purposes, says a lawyer.
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February 18, 2026
Court rejects Amex appeal over $14M rewards program input tax credits
The Federal Court of Appeal has upheld a ruling that nearly $14 million in input tax credits (ITCs) claimed by Amex Bank of Canada for GST/HST paid on costs related to its rewards program were not allowable under the Excise Tax Act, finding the expenses were tied to exempt financial services.
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February 18, 2026
Mobility rights: At the heart of the nation built by John A. and Laurier
In 2024, the Town of Canmore, Alta., enacted Division of Class 1 Property Bylaw 2024‑19 (the bylaw), creating five residential tax subclasses: Residential, Tourist Home, Primary Residential, Residential Vacant Serviced Land, and Residential Vacant Unserviced Land.
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February 18, 2026
Lawyer hopes SCC will look at constitutional challenge of Ontario’s education system
Groups representing Jewish day school students are pledging to fight a decision by Ontario’s highest court that turned back their constitutional challenge of the province’s public funding of Catholic schools, a system they say discriminates against them on religious grounds.
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February 17, 2026
Court upholds LCBO most favoured customer clause, $36M chargebacks to suppliers
The Ontario Superior Court has upheld the right of the Liquor Control Board of Ontario (LCBO) to enforce a long-standing most favoured customer pricing clause, dismissing a bid by seven spirits suppliers to block nearly $36 million in retroactive chargebacks imposed under it.
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February 17, 2026
Saskatchewan giving $1.46M to groups battling gender-based violence
Saskatchewan’s government is giving more than $1 million to various organizations as part of the province’s continued role in a national action plan to eradicate gender-based violence.