Civil Litigation

  • October 06, 2026

    Alberta lawyer says law society violating its duties through ‘ideological’ training programs

    An Alberta lawyer is calling a number of mandatory training and professional requirements from the provincial law society ideologically driven as part of an appeal of a decision that dismissed his constitutional challenge against the regulator last year.

  • October 06, 2026

    Manitoba proposing elimination of limitation periods for claiming coercive control

    Manitoba is looking to remove limitation periods for civil claims stemming from intimate partner violence involving “coercive control.” According to an Oct. 5 news release, the province has introduced legislative amendments to its Limitations Act that “would allow survivors to pursue civil action regardless of when the abuse occurred.”

  • October 06, 2026

    Judge wrong to caution jury on possible complainant fabrication: Appeal Court

    Criminal court judges must remember that instructing a jury about evidence of fabrication is to be done only for the accused — not a complainant, says the lawyer of a man who maintains his ex-wife trumped up assault claims against him to gain an edge in their divorce.

  • October 06, 2026

    Melting the estate freeze: Why Appeal Court’s decision in Lang-Newlands upends post-freeze trust planning

    Intergenerational estate freezes have long served as a bedrock mechanism for Canadian business owners seeking to defer tax and shelter wealth across generations. For years, corporate planners and family litigators assumed that routing future growth through a post-marriage discretionary family trust would cloak that interest as an excluded “gift after marriage” under Ontario’s Family Law Act (FLA).

  • October 06, 2026

    When the vendor walks: Quebec buyer’s limited remedies at letter of intent stage

    The vendor signed a letter of intent, opened its books for due diligence, then walked away without explanation — or, worse, sold to a third party. The buyer, meanwhile, has incurred tens of thousands of dollars in professional fees. What can he do? In Quebec, the answer is rarely as favourable as the buyer hopes. Specific performance of the sale is possible in theory, but legal and practical obstacles make it exceptional. In most cases, a claim for damages remains the only realistic avenue.

  • October 06, 2026

    RESIDENTIAL TENANCIES - Security of tenure - Grounds for termination at end of period or term

    Appeal by Sparling and Sutcliffe from the dismissal of their judicial review petition. Since September 2022, Zheng issued Sparling and Sutcliffe six notices to end their tenancy “for landlord’s use of property” and a seventh for “cause.”

  • October 05, 2026

    Rule of law depends on boosting public’s understanding & confidence, SCC hears as new session opens

    Canada needs to find new ways to sustain and strengthen its democratic institutions, especially to drive home to Canadians how much their independent justice system benefits them in their daily lives, top jurists say. At the Oct. 5 ceremonial opening of the Supreme Court of Canada’s judicial year in Ottawa, Chief Justice of Canada Richard Wagner told the audience of lawyers and judges he appreciated that “across the country, I’ve seen many of you speak out publicly to reiterate the importance of the rule of law and of an independent judiciary.”

  • October 05, 2026

    Federal Court of Appeal rejects tax credit appeals for software donation scheme

    The Federal Court of Appeal has dismissed appeals over charitable donation tax credits claimed by appellants, affirming findings that the software licences donated by the taxpayers had little or no reliable proven value. In over 1,500 related cases, not one appeal was successful.

  • October 05, 2026

    Ontario Appeal Court revives indemnity claim against business purchaser

    The Ontario Court of Appeal has overturned a finding that former business owners had not provided personal guarantees covered by the purchaser’s indemnity agreement, ruling that the motion judge focused too narrowly on the loan’s wording instead of the commercial context of the relevant agreements.

  • October 05, 2026

    Plaintiffs awarded $800,000 in damages for defamation

    Although general damages in a defamation action are not subject to a fixed ceiling or are “at-large,” courts rarely award a plaintiff significant damages for their loss of reputation. The Canadian cases in which general damages in the amounts of hundreds of thousands have been awarded are confined to circumstances where the plaintiff is a professional, such as lawyer, whose career is dependant on having a good reputation or where the defendant has been noted in default and the court is asked to assess damages based only on the representations of the defamed plaintiff.