Personal Injury
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October 07, 2025
Lawyer ordered to pay costs for non-disclosure of gen AI use and citing fake precedents in court
In a cautionary case for litigation lawyers who use generative artificial intelligence (AI) for court submissions, a Federal Court associate judge recently hit an immigration lawyer with personal costs for submitting two defective AI-generated precedents and for breaching the Federal Court’s requirement to disclose any generative AI use in court filings.
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October 06, 2025
Who is responsible when a dog bites? Part two
Everybody likes the dog until it bites.
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October 02, 2025
Line crossed: IRCC’s proposed administrative monetary penalties should alarm all Canadian bars
The federal government is quietly implementing a regulatory framework that should alarm every lawyer in Canada, regardless of practice area. Under the guise of addressing immigration “ghost consultants,” Immigration, Refugees and Citizenship Canada (IRCC) has crafted administrative monetary penalties (AMPs) that grant it unprecedented authority to discipline lawyers — the same lawyers who routinely challenge that department’s decisions in court.
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September 30, 2025
Federal Court of Appeal revives RCMP mental health services negligence class action
The Federal Court of Appeal has revived a proposed class action alleging systemic negligence in the RCMP’s delivery of mental health care, ruling the Federal Court erred in finding plaintiffs conceded that the claims of class members were barred under the Crown Liability and Proceedings Act (CLPA).
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September 26, 2025
Ontario opening of the courts ceremony highlights digitization, reform of Rules of Civil Procedure
On Sept. 25, judges, attorneys general, leaders of law associations and others met for Ontario’s opening of the courts ceremony, discussing various strategies that have been and will be undertaken to improve access to justice. This included digitization and reformation of the Rules of Civil Procedure.
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September 26, 2025
Nearly $2 million awarded in landmark online defamation case
The Ontario Superior Court of Justice released its decision in Canadian Aids Treatment Information Exchange et al. v. Blackwell, 2025 ONSC 4678 on Aug. 19, 2025, granting one of the largest awards ever issued in a Canadian defamation lawsuit.
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September 25, 2025
B.C. court narrows herbicide class action, strikes battery and general damages claims
The B.C. Court of Appeal has narrowed a class action alleging that exposure to paraquat in herbicides increased the risk of Parkinson’s, ruling exposure cannot ground a battery claim and that a common issue on general damages could not be addressed on a class-wide basis.
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September 23, 2025
Angela Ribarich returns to McCague Borlack as associate
McCague Borlack has announced that, after having summered and articled at the firm, Angela Ribarich is returning as an associate.
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September 22, 2025
Court upholds certification denial for major junior hockey abuse class action as unmanageable
The Ontario Court of Appeal has upheld the refusal to certify a class action alleging decades of systemic abuse in major junior hockey, deferring to a motion judge’s conclusion that the case would be unmanageable.
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September 19, 2025
SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland
In a far-reaching adverse possession judgment that rejects a judge-made immunity for municipal parkland facing matured possessory claims in Ontario, the Supreme Court of Canada has ruled 5-4 that two Toronto homeowners own a piece of adjoining municipal parkland that was fenced into their backyard decades ago by the home’s previous owner.