Civil Litigation
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March 17, 2026
Court removes counsel over dual role in subrogated and coverage claims
The Alberta Court of King’s Bench has removed a lawyer as counsel in subrogated actions brought in the name of an insured, finding that despite the absence of a solicitor-client relationship, his concurrent representation of the insurer against the insured created a substantial risk of impaired representation.
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March 17, 2026
SCC heard more cases in 2025 but still fewer than pre-pandemic; number expected to rise in 2026
The Supreme Court of Canada heard more appeals last year than in 2024 and delivered its reserved judgments more quickly, but its hearings and output in 2025 were not yet up to pre-pandemic levels, according to the top court, which states it “expects to hear even more cases in 2026.”
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March 17, 2026
Court rejects stay of indeterminate proceedings in proposed consumer loan class actions
In two proposed class actions against companies offering loans for home improvement services, the Ontario Superior Court of Justice has found the plaintiffs did not meet the test to stay hundreds of related proceedings in the lower court.
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March 17, 2026
N.W.T. releases feedback on changes to union rules for public sector workers
The Northwest Territories has released feedback on possible legislative changes around how unionized public servants are represented.
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March 17, 2026
Fictitious case law a systemic problem in Canadian courts: 111 and counting
In October 2025, a Federal Court associate judge ordered a lawyer to pay costs personally after the lawyer submitted two AI-generated cases that did not exist. The decision drew attention for good reason. But it also raised a harder question: how often is this happening across the country?
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March 17, 2026
DIVISION OF POWERS - Federal jurisdiction
Appeals and cross-appeals arising from the first-ever invocation of the Emergencies Act, during the Freedom Convoy protests in early 2022. On Feb. 14, 2022, the Governor in Council issued a Proclamation declaring a public order emergency, followed by Emergency Measures Regulations and an Emergency Economic Measures Order.
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March 16, 2026
FCA orders RCMP review body to decide delayed appeals within 6 months
The Federal Court of Appeal has ordered the RCMP External Review Committee (ERC) to issue findings in long-delayed disciplinary appeals within six months, ruling that the Federal Court erred in denying mandamus relief after concluding the delay was not unreasonable.
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March 16, 2026
Ontario privacy, access to information proposals spark concerns about transparency, oversight
Ontario’s recently announced overhaul of its access to information and privacy framework has sparked backlash, with observers saying the proposed changes threaten transparency and oversight in the province.
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March 16, 2026
Court of Appeal for Ontario confirms stay where enforcement sought against non-party to arbitration
In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., 2026 ONCA 28, the Court of Appeal confirmed that enforcement proceedings in Ontario should be stayed based on forum non conveniens.
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March 16, 2026
Employers ignore mental health issues at their peril
Employers who think they are being clever by rushing to dismiss an employee, or quickly accepting a resignation before the employee explicitly raises mental health accommodation, often create liability for themselves.