Civil Litigation
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November 07, 2025
Court permits pleading amendments in RBC closet indexing class action, dropping fraud claims
The B.C. Supreme Court has allowed plaintiffs in a closet indexing class action against RBC to amend their pleadings to expressly disclaim fraud and refocus their case on the defendants’ alleged failure to disclose the fund’s closet indexing strategy and related risks.
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November 07, 2025
Alberta court grants nearly $200K in investment fraud case
The Alberta Court of King’s Bench has found that a plaintiff was entitled to nearly $200,000 after defendants engaged in fraud upon receiving his funds that were meant to be invested.
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November 07, 2025
Power at the door: Bouncers and the use of force, part two
Bars, lounges, nightclubs, et cetera are public stages for private enterprise; lively, necessary, sometimes combustible places where the safety of staff and patrons is paramount. At the door stands the bouncer: an individual whose presence reassures staff and is said to reassure customers as well. They enforce house rules and must, on occasion, confront disorder.
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November 07, 2025
How to take the (second) guesswork out of lawyering
Hey, Your Honour, I can see what’s under your wig. Actually, this talent is not that farfetched. AI is getting us there.
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November 07, 2025
B.C. Court of Appeal narrows scope of stay orders in parenting and travel disputes
In T.F.R. v. Y.T., 2025 BCCA 349, the British Columbia Court of Appeal confirmed the extremely limited circumstances in which it may stay a parenting or travel order made under the Family Law Act, S.B.C. 2011, c. 25 (FLA).
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November 07, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action
Appeal by Pine Glen Thorold Inc. from decision of a motion judge dismissing its claim. Pine Glen commenced an action asserting several causes of action against Rolling Meadows Land Development Corporation and Glen Gordon.
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November 06, 2025
Supreme Court’s leave denial clears way for contentious ostrich cull to proceed
Less than two minutes after the Supreme Court of Canada refused to extend the stay of execution of more than 400 ostriches exposed to an avian flu-infected B.C. farm, the Canadian Food Inspection Agency (CFIA) announced it would proceed to enforce its controversial order to cull the animals — an order that the federal courts below confirmed to be reasonable and in the public interest.
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November 06, 2025
Power at the door: Bouncers and the use of force
Bars, lounges, nightclubs, et cetera are public stages for private enterprise; lively, necessary, sometimes combustible places where the safety of staff and patrons is paramount. At the door stands the bouncer: an individual whose presence reassures staff and is said to reassure customers as well. They enforce house rules and must, on occasion, confront disorder.
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November 06, 2025
Federal Court of Appeal acknowledges CRA’s ‘unconstrained discretion’ to determine fairness
In the Federal Court of Appeal decision in Canada (Attorney General) v. Maloney, 2025 FCA 165, the FCA was tasked with determining the correctness of a decision of the lower Federal Court. Both involved the taxpayer relief provisions of the Income Tax Act and a self-represented taxpayer’s mission to obtain a reduction of penalties and interest.
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November 06, 2025
Avoiding contract limbo: Lessons from Caivan v. Logoteta on termination and repudiation
In commercial practice, broken deals are not always formally terminated. Under Canadian contract law, a contract in abeyance does not die on its own. Unless termination is clearly carried out, the agreement may remain in force, carrying all attendant obligations and risks.