Civil Litigation

  • July 22, 2026

    Court upholds stay, leaves non-signatory’s reliance on arbitration agreement issue to arbitrator

    The Ontario Court of Appeal has upheld a stay of a $24.5-million action concerning payments tied to Swedish tax losses recognized after a divestiture, ruling that an arbitral tribunal should decide its own jurisdiction where a non-signatory to an arbitration agreement has an arguable basis for relying on it.

  • July 22, 2026

    Appeal court remits personal injury case after mistrial for jury discharge

    The British Columbia Court of Appeal has allowed an appeal and sent a lengthy personal injury trial back to the lower court which had labeled it a mistrial after the jury was discharged due to potentially prejudiced comments made by counsel. 

  • July 22, 2026

    Thomas J. Moran new partner at DLA Piper

    Thomas J. Moran is a new partner at DLA Piper, based in the firm's Vancouver office.

  • July 22, 2026

    The coercive control lens: A new framework for family law decision-making

    “Coercive control” is rapidly becoming one of the defining concepts of modern Canadian family law. Courts must now expand their focus of family violence and must consider whether one party exerted coercive control over the other party during the relationship.

  • July 22, 2026

    A slap in the face to the power of good oral advocacy

    Upon receiving the Consolidated Practice Direction for Central East Region (the PD) from the Ontario Superior Court of Justice, updated July 7, 2026, I actually read it, or at least all parts relating to family law. Without exaggeration, I was shocked to read paragraph 186 confirming that all short motions will be “heard” (my quotations) presumptively (their word not mine) in writing! However, parties and counsel are to be “available” (my quotations) on Zoom in case the presiding justice wishes to hear submissions. Counsel and parties will not be given entry into the Zoom unless the presiding justice deems it necessary. “Parties and counsel are not permitted to make oral submissions unless the judge permits.”

  • July 22, 2026

    Before you sign the LOI: What business owners need to know

    When business owners begin the process of selling their business, the execution of a letter of intent (LOI) is an integral moment. The LOI puts in writing the key terms for a definitive purchase agreement.

  • July 22, 2026

    COMMERCIAL TENANCIES - Lease - Renewal - Shopping centre - Landlord’s obligations - Repair - Replacement - Rent

    Appeal by Hillmond Investments Ltd. (Landlord) from a trial judgment in favour of Metro Ontario Real Estate Limited and Metro Ontario Inc. (Tenant) arising from a long term commercial lease dispute. Motion by Landlord to amend its notice of appeal to argue that the exercise of a renewal option constituted an amendment to the lease.

  • July 21, 2026

    B.C. court declines summary ruling in suspension bridge easement dispute

    The B.C. Supreme Court has declined to summarily resolve a dispute over whether a resort operator can charge neighbouring resort guests to access a suspension bridge under an easement, finding that more evidence about the circumstances surrounding the easement’s creation was needed before the court could decide the issue.

  • July 21, 2026

    Court reduces costs by 50% for medical ear implant class action certification

    In a national class action alleging that 50 per cent of the defendants’ medical ear implants were defective, the Ontario Superior Court of Justice has reduced the plaintiff’s requested costs due to mixed success.

  • July 21, 2026

    Law firm not disqualified from acting against former executive of corporate client

    Courts have the jurisdiction to remove counsel from the record in legal proceedings as lawyers are officers of the court and their conduct affects the administration of justice as a whole. However, disqualifying a lawyer from representing a party is an extreme remedy and often depends upon whether the public interest in preserving confidence in the administration of justice outweighs a litigant’s interest in retaining counsel of their choice.