Civil Litigation

  • May 07, 2026

    Decision raises concerns about reasonable apprehension of bias in international arbitration

    The recent decision of the Ontario Superior Court of Justice (Court) in Grace et al. v. The United Mexican States, 2026 ONSC 2104 (Grace), raises important concerns about the boundaries of arbitrator impartiality and the proper application of the reasonable apprehension of bias standard in international arbitration.

  • May 07, 2026

    CONSTITUTIONAL VALIDITY OF LEGISLATION

    Appeal by College of Physicians and Surgeons of British Columbia (College) and the Attorney General of British Columbia (AGBC) from a chambers judge’s declaration that ss. 26.2 and 53 (provisions) of the Health Professions Act (HPA) were unconstitutional for violating s. 96 of the Constitution Act.

  • May 06, 2026

    Court allows appeal limiting players’ participation in certain cricket leagues

    The British Columbia Court of Appeal has allowed an appeal, finding that a cricket association was entitled to enforce a rule limiting players to one team and one mainland league, determining that the lower court failed to interpret the society’s purposes holistically. 

  • May 06, 2026

    N.B. introducing legislative changes for better patient safety, quality of care

    New Brunswick has proposed legislation aimed at improving patient safety and “quality of care” through the establishment of an advisory committee, the clarifying of what is meant by “safety incidents” and improving the use of data in tracking trends.

  • May 06, 2026

    Exit on your terms succession planning for family business owners

    For many family businesses, especially those built across generations, the business is more than an asset. It represents decades of effort, risk-taking, and personal investment, which forms part of the family’s identity and legacy. Many family businesses are passed down among generations, with the ownership and management of such businesses often governed by family shareholder agreements. Yet, other family businesses may lack a clear succession plan when the next generation is not willing or capable of stepping into an owner-manager role.

  • May 06, 2026

    When AI and intellectual property threaten estate planning: Practical strategies

    By now, it should be abundantly clear that modern estate planning — particularly for clients with intellectual property — is less “tidy will and testament” and more “multidimensional chess played against the future.” The good news? There are strategies. The less-good news? They require actual planning.

  • May 05, 2026

    Former SCC justice Louise Arbour named Canada’s next governor general

    Prime Minister Mark Carney has announced that former Supreme Court of Canada justice Louise Arbour will become Canada’s next governor general. Arbour will become the first former judge of the top court to take on the vice-regal role.

  • May 05, 2026

    Court allows summary judgment relating to repayment of promissory notes

    The British Columbia Supreme Court has found that a company was in default and required to repay two promissory notes after a financing that met the notes' $5 million gross-proceeds threshold. The court allowed the plaintiff's application for a summary trial on the matter, noting that it “will provide a just outcome.”

  • May 05, 2026

    Superior Court of Quebec annuls arbitration award over AI hallucinations

    In a decision on April 22, the Superior Court of Quebec (SCQ) annulled a 2025 award issued by an arbitrator in a domestic arbitration between the Osman Medical Clinic (Osman) in Quebec and the provincial health authority, Santé Québec-CCSMTL.

  • May 05, 2026

    Canadian Appeals Court rejects pseudolegal tax arguments outright, without trial

    In Blake v. Ahmed, 2025 BCCA 384, the British Columbia Court of Appeal reaffirmed that litigants advancing organized pseudolegal commercial arguments (OPCA), cannot expect their claims to proceed to trial. The decision underscores the judiciary’s continued willingness to summarily dismiss legally untenable claims, particularly where they seek to challenge established tax enforcement mechanisms and waste the court’s time.