Civil Litigation

  • April 13, 2026

    SCC’s new session precedes big moves as Martin J. and judges prep for departures

    The Supreme Court of Canada’s spring docket presents the nine judges with a wide range of appeals, including the last cases to be heard by soon-to-retire Justice Sheilah Martin and her colleagues in their iconic 1940s-era Ottawa courthouse, which is slated for a multi-year major update. The Supreme Court’s new spring session, scheduled from April 13 to May 22, 2026, features 14 appeals, 10 of which involve criminal law issues.

  • April 13, 2026

    Should you make the first offer? Anchoring, aggression and strategy in settlement negotiations

    Is it better to make a first offer in negotiations? And what about aggressive first offers — do they set an advantageous anchor or lead to insult and impasse?

  • April 10, 2026

    Yukon government apologizes to students over use of restraints, seclusion at elementary school

    The Yukon government has issued a public apology to students and former students of Jack Hulland Elementary School (JHES) in Whitehorse, including those in a specialized behavioural support program who were subjected to holds, restraints and seclusion.

  • April 10, 2026

    Osgoode Hall launches new access to justice fund

    Toronto’s Osgoode Hall Law School has unveiled a new million-dollar fund to help support access to justice research and students pursuing careers in the area of public interest.

  • April 10, 2026

    Federal Court bars vexatious litigant over numerous proceedings, AI submissions

    The Federal Court has barred a self-represented litigant from starting or continuing proceedings without leave after finding that his repeated complaints, court actions and AI-tainted filings amounted to vexatious conduct.

  • 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.

  • 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.

  • 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?

  • 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.

  • 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.