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October 30, 2026
Federal, provincial and territorial privacy commissioners and ombuds have issued a resolution calling for a responsible approach to the development, procurement and adoption of artificial intelligence systems in health care and health research.
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October 30, 2026
The New Brunswick Court of Appeal has rejected insurers’ attempt to invalidate a proposed class action because the original plaintiff lived outside the province, finding that the residency defect could be corrected by adding an eligible plaintiff.
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October 30, 2026
The Supreme Court of Canada has specified that a driver’s brief period of inattention is one factor to consider, among others, when analyzing the mens rea in dangerous driving cases.
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October 29, 2026
Five months ago, in Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada recognized a new tort of intimate partner violence (IPV). Since then, family lawyers across Canada have been adding damages claims to their pleadings and learning to think like personal injury lawyers.
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October 29, 2026
Let’s face it folks. Our legal system caters to the rich and, on occasion, the middle class. Most of society cannot afford good lawyers and are on their own navigating our legal system. There is a simple reason for this. Lawyers like to earn good money. It is impossible to do that serving clients who cannot afford to pay hundreds — or thousands — of dollars an hour.
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October 27, 2026
The federal Liberal government has introduced promised Criminal Code amendments to legalize medical assistance in dying (in specified circumstances) for legally incompetent persons who validly make advance requests for MAID while they are still competent. On Oct. 27, federal Justice Minister Sean Fraser introduced Bill C-41, the proposed MAID Safeguards Act, that would decriminalize the actions of doctors and nurse practitioners who carry out advance requests for MAID, provided that these medical practitioners have complied with specific safeguards and conditions, including requirements put in place by the applicable province or territory.
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October 27, 2026
The Supreme Court of Canada’s decision in Hemmings v. Padmore, 2026 SCC 34 returns to a question at the centre of Mustapha v. Culligan of Canada Ltd., 2008 SCC 27: when is an injury too remote to attribute to a negligent defendant? The result is a divided judgment, but its central lesson is clear. A court must identify the risk that made the defendant’s conduct negligent and ask whether the plaintiff’s injury was a real, reasonably foreseeable consequence of that risk.
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October 26, 2026
On July 1, 2026, Ontario made fundamental changes to the Statutory Accident Benefits (SABs) auto insurance framework, which previously provided no-fault financial protection for people injured in motor vehicle accidents. Coverage that drivers once received as part of their standard policies now depends on individual purchasing decisions. Although these changes give drivers greater flexibility in choosing their coverage, they also introduce financial risks that may not become apparent until an accident occurs.
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October 23, 2026
Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34.
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October 23, 2026
Appeal by Sophia and members of her family (the Hemmings) from dismissal of the actions against Padmore and Scarborough Hospital; appeal by Jamensky from dismissal of his appeal.
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October 23, 2026
For the first time in more than 50 years, the Court of Appeal for Ontario has updated its test for leave to appeal from a decision of the Divisional Court. In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel confirmed that the test for leave is whether the proposed appeal raises an arguable question of law or mixed law and fact that is of sufficient public importance to warrant consideration by the Court of Appeal.
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October 22, 2026
Taylor Graham has joined Alexander Holburn as an associate in its insurance practice group in Vancouver.
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October 22, 2026
The Supreme Court of Canada has granted Ottawa’s request for leave to appeal Federal Court rulings that held that the federal government wrongly declared a national “public order” emergency in 2022. On Oct. 22, the top court granted the federal government’s leave application and also granted leave to cross-appeal to the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF).
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October 22, 2026
The Ontario Court of Appeal has allowed an appeal and a $70,000 settlement in a case relating to a motor vehicle accident, finding that the judge made numerous errors relating to jurisdiction, interpretation and procedural fairness.
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October 21, 2026
Dementia Justice Canada is urging Parliament to require an independent legal assessment before medical assistance in dying is administered under an advance request, warning that people who have lost decision-making capacity need protection from coercion, undue influence and abuse.
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October 21, 2026
Appeals by the appellants from the orders granting the respondents summary judgment and dismissing their product-liability actions as statute-barred under the Limitations Act (Act).
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October 19, 2026
Appeal by appellant from damages awarded following a 2018 motor vehicle accident for which respondents admitted liability. The appellant was an ophthalmologist who suffered chronic neck and shoulder pain that affected prolonged static postures and neck flexion required in her work.
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October 16, 2026
For the first time, the Supreme Court of Canada has explained when and how the Criminal Code’s s. 276 rules limiting the admissibility and use of evidence of complainants’ sexual history apply in prosecutions for non-enumerated sexual exploitation crimes, such as human trafficking and selling “sexual services.”
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October 16, 2026
Does anybody think Humpty Dumpty took his fall off the wall lying down? No way. Mr. Dumpty actually commenced a lawsuit seeking compensation as a result of injuries suffered. I recently came across a copy of a little-known decision of the High Court of Wonderland, which I would like to share.
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October 15, 2026
Kelly Kim has joined Lenczner Slaght as counsel, adding to the firm’s health law practice.
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October 14, 2026
Appeal by appellants and cross appeal by respondent from a personal injury judgment awarding the respondent approximately $3.75 million following a rear-end motor vehicle accident.
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October 13, 2026
Last week, the federal government announced that it plans to introduce legislation to decriminalize advance requests for medical assistance in dying (MAID), leaving each province and territory to decide whether to permit them. Advance requests are intended to respect autonomy, but when undue influence, coercive control or other forms of abuse are discovered only after MAID has been provided, no remedy can restore the person’s life.
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October 08, 2026
Just weeks after Canada’s government created a chief firearms officer for the country’s northern territories, the Yukon has tabled legislation that would allow for the creation of its own “firearms advocate.” On Oct. 7, Yukon’s government introduced the Yukon Firearms Act — a law being proposed in a bid “to support responsible firearm owners” in the territory.
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October 08, 2026
“Money is a barren substitute for health and personal happiness, but to the extent within reason that money can be used to sustain or improve the mental or physical health of the injured person it may properly form part of a claim.”
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October 08, 2026
Appeal by Cavanagh from the judgment finding that her negligence caused Ibrahimova’s damages. Ibrahimova was 28 years old and in the second trimester of her first pregnancy.