Civil Litigation
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December 16, 2025
Hosel rockets: ‘Sandbagger?! I’ll see you in court!’
A couple of incidents that happened while playing golf have been bothering me. It started a few years ago during an invitational tournament at what was then known as Doral Golf and Country Club in Florida. Our happy foursome was finishing the front nine of the famous 18-hole course called the Blue Monster. While waiting on the ninth tee, staring down a par three over water and into a stiff breeze, I made small talk with the fellows in our group: “Who won the tournament last year?” Their expressions suddenly turned sour, and one muttered, “Two [expletive] sandbaggers!” Then another added, “Those [expletive] cheaters will never be invited back, [expletive] them.”
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December 15, 2025
A real and substantial connection: Ontario court confirms jurisdiction in AI copyright case
The Superior Court of Justice has issued an important decision concerning allegations of infringement asserted against AI companies. The decision may help rights holders (Toronto Star Newspapers Ltd. v. OpenAI Inc., 2025 ONSC 6217).
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December 16, 2025
A plea for more respect from family law practitioners
It has been a very busy fall and, perhaps like you, I have been hanging on for the Christmas break. For me, it is the best time of the year. In my experience, it is the only time when most if not all family law clients and their lawyers try to step back, take a breath and treat each other with the respect and courtesy that should be a year-round norm.
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December 15, 2025
B.C. court dismisses appeal; treaty-rights defence over severalty land can proceed
The British Columbia Court of Appeal has dismissed an appeal of a regional district and the province, upholding the finding that it may be arguable that lands that were transferred in fee simple under a treaty agreement may still have some characteristics of treaty land for purposes of s. 35 of the Constitution Act.
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December 15, 2025
New Alberta legislation limits law society’s education, disciplinary powers
Hot on the heels of a controversial bill to limit the disciplinary authority of professional regulatory bodies, Alberta legislators have also passed a bill that brings significant change to the governance of the legal profession in the province — a move some legal observers are saying seems to reflect a distrust of the provincial law society.
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December 15, 2025
DS Lawyers is now Prelia
DS Lawyers has adopted a new name, Prelia, as the first phase of its international rebranding, the firm announced.
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December 15, 2025
Dependent support claims: The overlooked obligation
In Ontario, estate disputes often erupt where families least expect them. At first glance, wills can appear all in order, assets may be simple, and relationships may seem calm … until someone who depended on the deceased person realizes they have not been adequately provided for. At that point, even the simplest will can be challenged through something called a “dependent support claim,” a process under Part V of the Succession Law Reform Act (SLRA) that is quite important to understand in Ontario.
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December 12, 2025
SCC clarifies warrantless arrest power, affirms right of defence to challenge legality of such arrests
Ruling 9-0, the Supreme Court of Canada has delineated statutory limits on the power of police to make warrantless arrests and the nature of their statutory partial immunity for “good faith” but mistaken warrantless arrests, thereby clarifying that Criminal Code s. 495 does not bar a criminal accused from the opportunity to allege that their warrantless arrest was illegal and thus infringed their s. 9 Charter-guaranteed right not to be arbitrarily detained or arrested.
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December 12, 2025
N.W.T. proposes changes to public service legislation
The Northwest Territories is proposing changes to public service legislation to give unionized workers in that sector greater choice in how they are represented.
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December 12, 2025
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Canadian Bar Association president Bianca Kratt has issued a statement calling on governments to avoid statements that damage the legitimacy of courts following B.C. Premier David Eby’s recent comments describing court decisions concerning Indigenous rights as creating “toxic” uncertainty.