Civil Litigation

  • November 06, 2026

    Union certification bid in Quebec falls under derivative federal power over labour relations: SCC

    With all its Quebec judges warning, in dissent, against the improper expansion of federal authority over labour relations, the Supreme Court of Canada has 5-4 affirmed that a union certification bid from Quebec falls within derivative federal jurisdiction over labour relations rather than under the province’s labour code. On Nov. 6, Justice Andromache Karakatsanis, writing for the majority, dismissed the attorney general of Quebec’s appeal: Quebec (Attorney General) v. SGS Canada inc., 2026 SCC 37.

  • November 06, 2026

    Ontario court certifies TD investor class action over alleged AML misrepresentations

    The Ontario Superior Court has certified a class action against TD Bank over allegations that it misrepresented its anti-money laundering (AML) controls, after its main U.S. operating subsidiary and its holding company pleaded guilty to criminal conspiracy to commit money laundering.

  • November 06, 2026

    Manitoba court dismisses $90M last-of-its-kind wheat pooling class action

    The Manitoba Court of King’s Bench has dismissed what it described as the final class action relating to Bill C-18, the Marketing Freedom for Grain Farmers Act, which also encompassed the Canadian Wheat Board (Interim Operations) Act.

  • November 06, 2026

    CONSTITUTIONAL PROCEEDINGS - Appeals and judicial review - Scope of review - Standard of review - Correctness

    Appeal by Attorney General of Quebec from Court of Appeal of Quebec’s judgment upholding refusal to certify 14 inspectors and graders at Montréal Branch of SGS Canada inc. under Quebec Labour Code.

  • November 06, 2026

    Seven days to speak up: Jakupovic and the case for real consumer protection under SABS

    The case of Jakupovic v. Intact Insurance Co., 2026 ONCA 651, decided by the Court of Appeal for Ontario on Sept. 17, 2026, exposes a contradiction at the heart of Ontario’s accident benefits regime. The courts have described the Statutory Accident Benefits Schedule (SABS) as consumer protection legislation, yet the SABS places the burden on the injured person to know that benefits exist.

  • November 06, 2026

    AI-powered divorce: Could agentic flooding become Ontario family law’s next litigation weapon?

    Artificial intelligence promises to make divorce more affordable and accessible. But an emerging phenomenon known as “agentic flooding” could have the opposite effect: overwhelming separating spouses with automated legal demands, driving up legal fees and turning family litigation into a war of technological endurance.

  • November 06, 2026

    Ontario’s non-compete ban and sale-of-business exception may not fit most deals

    In 2020, Dr. Michael Schecter sold his dental practice. A condition of closing was that every associate dentist sign an agreement containing a five-kilometre non-compete. One associate was his father, Dr. Ira Schecter, who had owned the practice until 2014. The father resigned in October 2021, began practising within the five kilometres and argued that Ontario’s new statutory ban on non-competes made the covenant unenforceable. Justice Mohan Sharma held that the ban applies only to agreements made on or after Oct. 25, 2021, and granted the injunction: Parekh v. Schecter, 2022 ONSC 302.

  • November 06, 2026

    Appeal Court ruling reminds us that law requires more than proof that an accused committed the act

    A criminal accused can fail to establish that a mental disorder rendered him not criminally responsible for an offence and still rely on evidence of that disorder to challenge whether he possessed the specific intent required for murder. That important distinction lies at the heart of a recent British Columbia Court of Appeal decision overturning the second-degree murder conviction of Yasin Jemal Rashid and ordering a new trial (R. v. Rashid, 2026 BCCA 364).

  • November 05, 2026

    Prime minister says 2026 federal budget aims at ‘affordability, opportunity, sovereignty’

    Capping bank customers’ liability for unauthorized transactions, extending the ban on foreign ownership of residential real estate and an enhanced capital gains exemption — along with new and stiffer penalties for environmental and fisheries violations — are among the myriad legislative changes the Carney government has proposed in its second budget.

  • November 05, 2026

    Federal Court rules Crown not immune from Charter damages over retrospective parole repeal

    The Federal Court has ruled that the retrospective abolition of accelerated parole review (APR) was clearly unconstitutional when enacted, finding the Crown was not immune from Charter damages claims by affected class members who spent additional time in prison as a result.

  • November 05, 2026

    When a bot closes the file

    Mirzaei began with a line in a computer log. In March 2026, in a case challenging the Canada Revenue Agency’s (CRA) refusal to give her a second review, our client received the CRA’s certified record of her file. One entry, dated Nov. 11, 2024, read: “This case has been automatically completed as a no-reply.” It was attributed to “BOT067G” (Applicant’s motion record, written representations, paras. 8, 10).

  • November 05, 2026

    Seven days to speak up: Why insurers should have to tell you about your accident benefits

    Imagine you have just been in a serious car crash. Your car is a write-off, you are in pain, and you have never made an insurance claim before. The next day, you call your insurer to report the damage to your vehicle. You assume that if you are entitled to anything else, your insurer will tell you. Months later, after paying for treatment out of your own pocket, you learn from a paralegal that you were entitled to accident benefits all along.

  • November 05, 2026

    Public on paper, private on title: The curious case of a road that never was

    Can a road be a public highway even if nobody has ever driven on it, the municipality has never maintained it, and a private company is its registered owner? A recent Ontario Court of Appeal decision suggests the answer may be yes.

  • November 05, 2026

    Judicial council considers whether judge’s solicitation of paid sex warrants his removal from bench

    A Canadian Judicial Council hearing panel will determine whether removal from the bench is warranted for a Quebec superior court judge arrested for soliciting paid sex, who attributes his actions to the stress and “moral disengagement” he experienced due to overwork, exhaustion and burnout on the bench.

  • November 05, 2026

    MARITAL OR FAMILY PROPERTY - Third-party claims - Liability for spouse’s debts

    Appeal by appellant from the order granting the respondent summary judgment on her debt claim, and applications by both parties to adduce fresh evidence. During the appellant’s former relationship with the respondent’s son, the couple used advances from the respondent to finance residential property projects.

  • November 04, 2026

    Ottawa proposes new search and ministerial powers, offences & penalties targeting financial crimes

    The federal government has unveiled anti-financial-crimes legislation that would, among other things, make it a criminal offence to operate an unlicensed cryptocurrency automated teller machine (ATM) and enable “law enforcement” to search and seize mail.

  • November 04, 2026

    Federal Court upholds $250K in penalties against cannabis promotion company

    The Federal Court has upheld penalties totalling $250,000 imposed on a cannabis marketing company for unlawful cannabis promotion and event sponsorship, rejecting arguments that Health Canada failed to adequately consider the Charter value of freedom of expression.

  • November 04, 2026

    When the client is still on the phone with the CRA

    On the afternoon of Aug. 7, 2026, our client in Watton v. Canada (Attorney General) (Federal Court file 26-T-352, Oct. 6, 2026) called the Canada Revenue Agency (CRA) four times. The calls lasted seven, eight, 16 and 48 minutes. In the last one, an agent told her something no one at the CRA had told her before: she should have gone to the Federal Court within 30 days.

  • November 04, 2026

    Ontario case shows changes to provincial libel law long overdue, lawyer says

    A press secretary for former Toronto mayor Rob Ford has been dealt a victory in his legal fight with a media outlet he claims defamed him, with Ontario’s top court saying a judge had been wrong in her interpretation of provincial libel law.

  • November 04, 2026

    Young lawyers and the residential real estate myth: It’s not a stepping stone

    In part one of this three-part series, I wrote about young lawyers who think it makes sense to do residential real estate to generate cash flow when they launch a new legal practice, with a view to ultimately developing a practice in a different area of law.

  • November 03, 2026

    B.C. tribunal rejects X’s $119K costs claim against woman seeking intimate-image deletion

    The B.C. Civil Resolution Tribunal (CRT) has rejected social media platform X’s bid to recover about $119,000 in costs from a woman whose intimate image remains accessible to X users outside Canada after X chose to geofence it rather than delete it as ordered.

  • November 03, 2026

    Gabrielle Baracat returns to McCarthy Tétrault in Montreal

    Gabrielle Baracat has returned to McCarthy Tétrault as CMPA (Canadian Medical Protective Association) counsel in its litigation and dispute resolution group in Montreal.

  • November 03, 2026

    Bill C-31’s expansion of CRA’s audit powers: The notice of non-compliance and the compliance-order penalty

    Part one of this series set out the current baseline of the Canada Revenue Agency’s information-gathering powers under ss. 231.1 and 231.2 of the Income Tax Act, and the two judicial limits that frame them: Canada (National Revenue) v. Cameco Corporation, 2019 FCA 67 on oral questioning, and Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20 on solicitor-client privilege.

  • November 03, 2026

    Saskatchewan proposes laws to better protect police, others from ‘bodily substances’

    Saskatchewan has tabled legislation to strengthen safety measures for police and other first responders exposed to someone’s “bodily substances.” On Oct. 29, the province announced proposed amendments to its Mandatory Testing and Disclosure (Bodily Substances) Act, which would “provide quicker access to testing orders and results, and promote compliance with testing orders” brought against the “source” of the bodily substance.

  • November 03, 2026

    Legislators have an obligation to intervene in segregation practices at Waypoint

    The revelations in Toronto Star courts and justice reporter Jacques Gallant’s investigation into prolonged psychiatric seclusion at Waypoint Centre for Mental Health Care in Penetanguishene raise questions Ontario legislators can no longer afford to ignore.