Civil Litigation
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December 04, 2025
Court orders law firm to disclose client’s banking information
Parties may occasionally seek disclosure of information or documents from another party’s lawyer during the course of litigation. In such cases, solicitor-client privilege as well as a general duty of confidentiality must be considered. Lawyers who receive a request for disclosure of privileged information by a non-client will generally require that a court order for disclosure be obtained.
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December 03, 2025
Federal judges ‘reluctantly’ take Carney gov’t to court in dispute over pay, judicial independence
In a pay dispute with Ottawa that raises questions about the requirements for judicial independence, the Canadian Superior Courts Judges Association (CSCJA) and the associate judges of the Federal Court separately filed Federal Court applications seeking judicial review of the Carney government’s recent refusal to implement the recommendations of an independent judicial pay commission, including its advice that a $28,000 salary boost (on top of mandatory annual indexing) is necessary to keep attracting outstanding lawyers to the federal benches.
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December 03, 2025
Valerie Prather joins McCarthy Tétrault in Calgary
McCarthy Tétrault has welcomed Valerie Prather as a partner in its litigation and dispute resolution group in Calgary, according to the firm.
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December 03, 2025
Federal Court of Appeal rejects percentage-based costs in IP appeal
The Federal Court of Appeal has declined to award costs based on a percentage of actual fees in an appeal arising out of a complex intellectual property (IP) dispute, finding that extending the elevated lump-sum trial approach to the appellate proceeding was not justified in the case.
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December 03, 2025
Seeking leave to appeal: Top five considerations
Appeal rights in Ontario are “wholly a matter of statute” and there is no inherent right to appeal a decision (see Sutcliffe v. Ontario (Minister of the Environment), [2004] O.J. No. 277, at para. 23).
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December 03, 2025
Lawyers raise concerns about Manitoba’s new detainment law for meth intoxication
Legal minds in Manitoba are concerned that new legislation allowing for the 72-hour detention of people “intoxicated” by drugs will possibly do more harm than good.
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December 03, 2025
Mathews Dinsdale adds Kaelyn Burns as associate in Vancouver
Kaelyn Burns has joined the Vancouver office of Mathews, Dinsdale & Clark LLP as an associate, the firm has announced.
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December 03, 2025
Success rate for injured applicants at Licence Appeal Tribunal continues to plummet
As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.
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December 02, 2025
In rare decision, judge denies a joint owner the interim sale of a matrimonial home
The recent decision in Caringi v. Caringi et al., 2025 ONSC 6268 offers a powerful reminder that while a joint owner of a matrimonial home may have the right to force its sale under the Partition Act, that right is far from absolute in the family law context.
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December 02, 2025
Ontario court reinforces limits on appeals from ‘final and binding’ arbitration awards
A recent decision of the Ontario Superior Court of Justice underscores that strong judicial deference will be given to arbitration agreements that expressly limit appeal rights. The ruling confirms that when parties agree an arbitral award will be “final and binding,” courts will likely enforce that bargain even when questions of law are raised.