Civil Litigation
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October 23, 2025
Court affirms narrow interpretation of leave requirement in certification orders
The Ontario Court of Appeal has ruled that leave provisions in two mutual-fund class action certification orders did not bar new investor class actions, finding the requirement to seek court permission applied only to existing class members, not unrelated plaintiffs.
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October 23, 2025
The case for in-person appearances
I am no fan of in-person discoveries or mediation, purely from a selfish perspective of my time. Virtual discovery and mediation allow us to be more efficient with our time and our clients’ money. While I am not advocating for a return to all discoveries and mediations being in person, there is no doubt that something is missing.
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October 23, 2025
Cross-border financing: Critical considerations when converting security agreements
Canadian lenders engaged in cross-border financing frequently require their borrower’s U.S. affiliates to grant security interests in their assets. The standard practice involves using U.S.-law-governed security agreements for these U.S. entities. However, sometimes Canadian lenders or their Canadian counsel will request that a Canadian General Security Agreement be “converted” to a U.S. security agreement.
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October 23, 2025
Federal Court of Appeal overturns patent ruling over claim differentiation error
The Federal Court of Appeal has partly overturned a ruling on a fracking tool patent, finding the trial judge misapplied the principle of claim differentiation by concluding that the limitations of a dependent claim must be excluded from its corresponding independent claim.
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October 23, 2025
Navigating the jurisdictional, legal complexities of B.C. cross-border estate disputes
In an increasingly global society, it is no longer uncommon for an individual to pass away owning property or financial assets or maintaining family ties across multiple countries. When a person’s estate spans multiple jurisdictions, the administration and distribution process quickly becomes fraught with complexity.
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October 23, 2025
Crunch: Making the legal case for snack foods
Potato chips and related crunchy snack foods have long held a cherished place on Canadian tables, symbolizing both comfort and indulgence. Behind the satisfying crunch of every bite lies an intricate tapestry of regulations and legal considerations. These legal factors, which influence every stage of a product’s life, from initial development to final consumption, ensure that consumers receive safe, accurately labelled and well-marketed products.
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October 22, 2025
Ontario, Manitoba, Saskatchewan to host Access to Justice Week 2025
Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).
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October 22, 2025
Court sets aside expungement of video game trademark due to notice issue
The Federal Court has set aside a decision of the registrar in a case where a video game company claimed it did not receive notice of a challenge to its trademark resulting in it being expunged.
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October 22, 2025
Defamation claim by Thunder Bay police officer against law student dismissed
While the current version of Ontario’s anti-SLAPP regime is not without procedural issues, it continues to provide reasonable protection to litigants against defamation claims that involve communications that are based upon publicly available sources.
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October 22, 2025
Paul Cavin joins BD&P’s litigation team
Burnet, Duckworth & Palmer, LLP (BD&P) has welcomed Paul Cavin, who has joined the firm’s litigation group as an associate.