Civil Litigation

  • August 19, 2026

    Appeal tossed over AI-faked transcript as more counsel, clients & courts grapple with gen AI misuse

    The growing burdens that generative AI misuse in court is imposing on lawyers, litigants and courts are illustrated by a recent Nova Scotia Court of Appeal judgment that threw out a self-represented litigant’s appeal following his use of uncertified AI-generated trial transcripts containing multiple inaccuracies that opposing counsel identified through vigilant verification.

  • August 19, 2026

    Voice of the child: How do courts assess the weight to give a child’s preferences?

    Every family lawyer has heard some version of the same instruction from a client: “Just ask the kids who they want to live with.”

  • August 19, 2026

    CIVIL PROCEDURE - Appeals - Fresh evidence - Quashing or dismissal of

    Appeal by Insurance Corporation of British Columbia (ICBC) from a jury award of damages to Liang arising from injuries sustained in a 2019 motor vehicle accident. Liang claimed that his injuries severely impaired his earning capacity and relied in part on evidence of income earned in China between 2014 and 2017 through a maternity and children’s products business.

  • August 18, 2026

    Quebec Appeal Court dings family self-rep $1K plus costs for ‘deliberate’ use of bogus ChatGPT cases

    Quebec’s top court has ordered a self-represented family law appellant to pay $1,000 to his ex-wife plus her legal costs on the appeal, following his “deliberate” citation in court of ChatGPT-generated fake case law, including fictitious quotations.

  • August 18, 2026

    Ontario court denies late redemption bid in receiver sale

    The Ontario Superior Court of Justice has refused an attempt by debtors to redeem a property after a receiver had already completed a court-approved sale process, warning that allowing the bid would undermine the integrity of receivership proceedings.

  • August 18, 2026

    Alexander Holburn adds partner Rafal Szymanski in Toronto

    Rafal Szymanski has joined Alexander Holburn as a partner in its Toronto office, practising with the firm’s insurance, professional liability and police law groups.

  • August 18, 2026

    When the Crown has to argue reasons instead of pointing to them

    There is a moment in COVID-benefit judicial review that recurs so often it has become diagnostic. Counsel for the Attorney General is asked, from the bench, to point to the place in the decision where the Canada Revenue Agency (CRA) officer engaged with the applicant’s central submission. And counsel cannot point to it because it is not there — so counsel explains instead why the officer did not need to.

  • August 18, 2026

    Tax Court allows pension deductions under Canada-U.S. treaty: Northcut

    In the case of Northcut v. The King, 2026 TCC 136 (Northcut), an appeal under the Tax Court of Canada’s informal procedure, the amount in dispute was less than $25,000 for each taxation year. Nonetheless, it is a complicated and interesting decision analyzing the intersection of Canadian and United States law, the Canada-U.S. tax treaty including Article XVIII:1 and Article XXV the non-discrimination clause, the Mutual Agreement Procedure (MAP) and the Canadian and U.S. taxation of pension income.

  • August 17, 2026

    Judge declines to stay removal of ex-senior Iranian official who spoke of suicide if sent to Iran

    The Federal Court has declined to stay the removal of a former senior Iranian government official “because Canada’s interest in removing persons who participated in regimes that systematically violate human rights outweighs any harm that might befall him upon returning to Iran.”

  • August 17, 2026

    Court allows procedural fairness appeal in vehicle fraud case

    The Alberta Court of Appeal has allowed an appeal, ruling that the investigative receiver PricewaterhouseCoopers Inc. overstepped its neutral role in litigation by seeking to bind parties to its legal opinion in a dispute relating to more than 100 allegedly fraudulently transferred vehicles.