Civil Litigation
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April 10, 2026
SCC backs insurer in dispute over Quebec death declaration
In a unanimous ruling, the Supreme Court of Canada has clarified the degree of proof required to establish the “return” of a person declared dead under the Civil Code of Quebec. Under the Code, a court can declare a person dead if they have not been heard from in seven years. Known as a declaratory judgment of death, it allows for settlement of a person’s affairs such as permitting succession and dissolving a marriage.
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April 10, 2026
B.C. court reaffirms narrow scope of arbitration appeals in vaccine-related termination dispute
The B.C. Court of Appeal has upheld an arbitration award in favour of a pediatrician terminated for refusing a COVID-19 vaccination, emphasizing that it lacks jurisdiction to hear appeals raising issues of mixed fact and law under the Arbitration Act.
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April 10, 2026
When arbitration rules change: Party autonomy under pressure in InFrontier AF LP v. Rahmani
The decision of the Ontario Superior Court of Justice (the court) in InFrontier AF LP v. Rahmani, 2025 ONSC 3968 on July 3, 2025, raises a fundamental question at the heart of international arbitration: to what extent can state action alter the procedural architecture chosen by contracting parties?
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April 10, 2026
WILLS - Preparation and execution
Appeal by appellants from a summary judgment decision dismissing their solicitor’s negligence action. The action was against the respondents, Dioguardi and his law firm, on the basis that it was an abuse of process. The respondents drafted the 2018 Will of James Sr.
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April 10, 2026
Developments in Canadian telecommunications regulation in 2025, implications for 2026
There were a number of significant developments in Canadian telecommunications regulation in 2025. Key developments included: the introduction and retraction of lawful access legislation; the reintroduction of cybersecurity legislation; judicial decisions on the jurisdiction of the Canadian Radio-television and Telecommunications Commission (CRTC or Commission) and government liability in tort; and, regulatory decisions on direct-to-cell, wholesale broadband, broadband subsidy requirements and outage reporting. Decisions are also pending on a number of CRTC proceedings on retail consumer wireless and internet service marketing obligations.
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April 09, 2026
Saskatchewan law society lists upcoming spring conferences
Saskatchewan’s law society has listed several upcoming conferences, including one exploring the use of mediation and another highlighting the contribution of Asian legal professionals.
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April 09, 2026
McLennan Ross adds Corey Luda to Edmonton litigation team
Corey Luda has joined McLennan Ross as an associate in Edmonton as part of the firm’s insurance defence and commercial litigation team.
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April 09, 2026
Tanzania upheld as appropriate forum in human rights abuse case against Canadian mining company
In a case of numerous alleged human rights abuses and deaths at a Tanzanian mine owned by a Canadian company, the Ontario Court of Appeal has upheld that Tanzania was the more appropriate forum than Ontario. Plaintiffs’ counsel and intervener Amnesty International stated that the decision did not advance access to justice. The case may go to the Supreme Court of Canada.
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April 09, 2026
Ticking clock: Navigating delay between discovering misconduct, dismissing for cause
When it comes to dismissal for just cause, we know the bar is high and employer conduct will be heavily scrutinized. We sometimes offer advice that could seem to be inconsistent:
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April 08, 2026
Prior bureau investigations irrelevant to Competition Tribunal remedies: court
The Federal Court of Appeal has ruled that prior internal investigations by the Competition Bureau into allegedly deceptive marketing practices are not relevant to remedies before the Competition Tribunal.