Civil Litigation

  • June 01, 2026

    Federal Court rejects JTI bid for additional disclosure in federal tobacco charge challenge

    The Federal Court has dismissed a motion by JTI-Macdonald Corp. to compel the disclosure of additional records in its challenge to the federal tobacco cost-recovery regime, reaffirming that Rule 317 of the Federal Courts Rules is not a discovery mechanism.

  • June 01, 2026

    Court dismisses appeal over permit to construct radioactive waste facility

    The Federal Court of Appeal has dismissed an appeal by a nuclear labs company challenging the quashing of a permit issued by the environment minister for the construction of a radioactive waste disposal facility.

  • June 01, 2026

    Don’t use artificial intelligence in reasons for decision

    The Quebec Superior Court has set aside a decision of a labour arbitrator because the arbitrator’s reasons were written with the assistance of artificial intelligence: Assn des ressources intermédiaires d’hébergement du Québec (ARIHQ) c. Santé Québec - Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l’Île-de-Montréal, 2026 QCCS 1360.

  • June 01, 2026

    Karen Perron named to Ontario Superior Court bench

    The federal government has appointed Karen C. Perron a judge of the Superior Court of Justice of Ontario in Ottawa.

  • June 01, 2026

    CIVIL PROCEDURE - Parties - Class or representative actions

    Appeal by the City of Abbotsford (City) from orders certifying a class proceeding arising from the flooding of the Sumas Prairie and appointing representative plaintiffs for subclasses. The chambers judge certified claims in negligence, private nuisance, and public nuisance, finding the pleadings disclosed causes of action, that there was an identifiable class, common issues supported by a plausible methodology, and that a class proceeding was the preferable procedure.

  • May 29, 2026

    Court awards $22.5M in class action against Toronto doctor for video surveillance

    The Ontario Superior Court of Justice has awarded $22.5 million in a class action against a Toronto plastic surgeon who had surveillance cameras throughout his clinic but did not inform patients or staff.

  • May 29, 2026

    Court orders new hearing in dispute over union advice not to cross picket lines

    The Federal Court of Appeal has set aside a labour board decision that dismissed allegations that a federal employee council violated the Federal Public Sector Labour Relations Act (FPSLRA) by counselling workers not to cross picket lines established during a legal strike by another bargaining unit.

  • May 29, 2026

    Separation agreement varied, stay denied in multimillion-dollar case

    In Block v. Block, 2026 BCSC 386, after a 12-day trial that involved the setting aside of a separation agreement based on Cyrus Paul Block’s failure to disclose his vast business interests, the trial judge made several property and support orders in favour of Deborah Ann Block, with payments to be made to her by her husband, Cyrus.

  • May 29, 2026

    Ahluwalia: Doctrinally important, but with modest practical impact?

    The reaction to the Supreme Court of Canada’s decision in Ahluwalia v. Ahluwalia, 2026 SCC 16 has been immediate and intense. Supporters of the decision have celebrated the recognition of a new tort of intimate partner violence as transformative for survivors, while critics have warned that the decision will fundamentally alter family litigation, reintroduce fault into family law and dramatically increase acrimony between separating spouses.

  • May 29, 2026

    The appropriate framework for trust disclosure: Validity of proprietary rights theory

    When it comes to trust documents, an issue the courts have grappled with multiple times over the years is whether the beneficiaries of a trust are entitled to disclosure outside the context of adversarial litigation. Although trust beneficiaries are entitled to an accounting regarding the administration of trust property, there is no firmly established right to the disclosure of trust documents beyond an accounting.