Civil Litigation
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March 13, 2026
Feds reboot new police powers, obligations to give police & CSIS ‘lawful access’ to digital data
Following public outcry and stiff political opposition to its sweeping “strong borders” omnibus bill (Bill C-2), the minority Liberal government has migrated the expanded “lawful access” powers and new obligations for electronic service providers to assist police and CSIS investigators from C-2 into standalone legislation (Bill C-22).
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March 13, 2026
Malamas v. Wey: The impact of intimate partner violence on summary judgment motions
In the recent decision of the Ontario Court of Appeal in Malamas v. Wey, 2026 ONCA 133, Chief Justice Michael Tulloch addresses how intimate partner violence impacts the application of the Limitations Act, 2002 and the doctrines of res judicata and abuse of process in the context of motions for summary judgment.
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March 13, 2026
More on the politics of parental alienation
The recent article by Rina Groeneveld in Law360 Canada is an articulate summary of her position in support of Bill C-223, the Keeping Children Safe Act. Described by the writer as a “more nuanced” approach to the issue, my view is that, with significant respect, the article misses the point entirely. She writes from one vantage point, a former abused woman who provides support to other women who have shared her lived experience.
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March 13, 2026
CIVIL PROCEDURE - Disposition without trial - Discontinuance - Dismissal of action
Appeal by Yapi ve Kredi Bankasi Anonim Sirketi (YK Bank) from a decision dismissing its application to set aside a consent discontinuance in a fraudulent conveyance action. The action was commenced in 2013 (2013 action) by Şekerbank against Arslan and Al‑Katib.
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March 12, 2026
B.C. ban on arbitration clauses in consumer contracts is retrospective, not retroactive: court
The B.C. Court of Appeal has ruled that amendments to the province’s Business Practices and Consumer Protection Act (BPCPA) banning arbitration clauses in consumer contracts do not apply retroactively, upholding a stay of proceedings against Rogers Communications Canada Inc. in favour of arbitration.
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March 12, 2026
Patel v. Bhatt: A model for child abduction under the Hague Convention
International child abduction cases are a matter of great concern to Canadian and international courts alike. The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was designed to secure the prompt return of children who were wrongfully removed to or retained in any contracting state, and to ensure that the rights of custody and access under the law of one contracting state are effectively respected in the other contracting states.
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March 12, 2026
Lerners welcomes new partner Pam Hrick
Pam Hrick has joined Lerners LLP as a partner in the firm’s Toronto office, working with its dispute resolution and advocacy group, as well as its personal injury (sexual assault and abuse) group.
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March 12, 2026
Sound of silence sinks deal: Settlement agreements need sharper drafting
The Ontario Superior Court’s decision in Cross v. Cooling Tower Maintenance Inc., 2025 ONSC 7203 is a useful reminder that settlement agreements must be drafted with care, especially where salary continuance, mitigation obligations and repayment provisions are involved. If counsel intend a breach to trigger serious consequences, those consequences must be set out clearly. Courts will enforce the agreement the parties made, not the one that one side later wishes it had drafted.
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March 12, 2026
N.W.T. issues ‘What We Heard’ report on planned trespass laws
Many residents of the Northwest Territories consider trespassing on private property to be a problem and want laws that give them more tools to remove trespassers, require them to identify themselves and allow their arrest.
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March 11, 2026
Ontario court certifies class action against Johnson & Johnson over baby powder cancer risk
The Ontario Superior Court has certified a nationwide class action concerning allegations that Johnson & Johnson’s talc-based baby powder increased the risk of ovarian cancer and was marketed without adequate warnings.