Civil Litigation
-
April 17, 2026
SCC rules 9-0 Quebec court can hear Crown’s forfeiture bid after stay of criminal charges
The Supreme Court of Canada has clarified 9-0 that the Court of Quebec does have jurisdiction to hear the Crown’s proceeds-of-crime forfeiture motions pursuant to statutory rules that operate independently of trial and sentencing, even when criminal charges against the holders of the seized property have been stayed.
-
April 17, 2026
Ottawa seeking input on changes to ‘federal labour relations framework’
Canada’s government is looking for feedback on how to update labour relations policy for federally regulated industries.
-
April 17, 2026
Manitoba giving public safety funding to Brandon, Portage la Prairie
Building on its ongoing public safety strategy, Manitoba’s government is giving half a million dollars to two of its cities in the name of enhancing security and preventing crime.
-
April 17, 2026
No contest clauses beyond will challenges: Can estate litigation result in disinheritance?
Testators have long used no contest clauses to threaten disinheritance should a beneficiary challenge their will. Recently, it became clear that no contest clauses can also extend beyond will challenges to discourage beneficiaries from commencing other forms of estate litigation.
-
April 17, 2026
Court confirms competition commissioner can use s. 11 powers during tribunal proceedings
The Federal Court of Appeal has upheld a finding that the competition commissioner retains the power to seek ex parte orders compelling the production of documents and testimony under the Competition Act even after commencing proceedings before the Competition Tribunal.
-
April 17, 2026
Court dismisses appeal by defendant physician, clarifies hearsay and opinion evidence exceptions
The case of Gumbley v. Vasiliou, 2025 ONCA 851 involved 28-year-old Ashley Gumbley, a mother of three with a history of asthma.
-
April 17, 2026
Appeal Court overturns order to remove manufactured homes from reserve lands
The British Columbia Court of Appeal has overturned an order requiring former residents of manufactured houses to physically remove their homes from the reserve lands they were ordered to vacate.
-
April 17, 2026
Officers of the court: First line of defence in catching fake cases, fabricated quotations
Almost three years ago, the decision of the U.S. District Court for the Southern District of New York in Mata v. Avianca, Inc., 2023 U.S. Dist. LEXIS 108263 made sensational worldwide headlines as one of the first cases to penalize lawyers for the use of fake cases generated by ChatGPT in their legal briefs.
-
April 17, 2026
The case for in-person court attendances
My friend Steve Benmor made some excellent arguments recently in favour of Zoom attendances on motions (The Zoom paradox: When a judge’s words and his court’s actions collide). He backs it up by quoting the extremely persuasive comments of Justice Fred Myers of the Ontario Superior Court of Justice. I recognize and respect their arguments but let me address a couple of matters not addressed in their submissions on this issue.
-
April 16, 2026
Indigenous leaders object to ‘one project, one review’ agreement between Manitoba, Ottawa
First Nations leaders in Manitoba are claiming to have been wrongly left out of an agreement between the province and Ottawa designed to accelerate assessments of how development projects will impact the environment.