Civil Litigation

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 10, 2026

    Ahluwalia: Understanding, identifying and proving coercive control

    For far too long coercive control was an insidious yet unrecognized form of social depravity and abuse, largely perpetrated against women in intimate relationships. Until recently, coercive control was ignored by professionals, including lawyers, though this is rapidly changing.

  • June 10, 2026

    Court approves $1.95M settlement with cy-près payment to charity, not class members

    The Ontario Superior Court has approved a $1.95-million settlement of a proposed class action alleging BMO overwithheld taxes on withdrawals from registered retirement income fund (RRIF) accounts, finding that a cy-près payment to charity was justified because direct compensation to class members was impractical.

  • June 10, 2026

    Firearms buyback program closes for businesses; amnesty period extended as SCC hears appeal

    The federal government has announced that the Assault-Style Firearms Compensation Program has closed for businesses, while the amnesty period from criminal liability has been extended after the Supreme Court of Canada agreed to hear an appeal on the prohibition.

  • June 09, 2026

    Ontario farm trespass law survives free speech challenge

    Ontario’s top court has ruled in favour of a provincial law aimed at trespassing on farms, saying it did not violate the Charter’s free expression protections.

  • June 09, 2026

    Court orders new trials in property dispute after finding errors in implied-term analysis

    The British Columbia Court of Appeal has ordered a new trial in a dispute over lot purchase agreements signed in 2016, finding that a trial judge erred in concluding that the contracts remained enforceable until a development condition was satisfied eight years later.

  • June 09, 2026

    N.L. giving greater powers to province’s seniors’ advocate

    Newfoundland and Labrador has passed legislation giving its seniors’ advocate the powers of “individual advocacy and investigation.” According to a June 5 news release, the move aligns the role of the province’s seniors’ advocate with that of “similar statutory officers,” such as the citizens’ representative and the child and youth advocate.

  • June 09, 2026

    Court rejects EA’s appeal of class action certification against its in-game loot boxes

    The British Columbia Court of Appeal has dismissed an appeal and cross-appeal of a certified class action against video game company Electronic Arts Inc. (EA) relating to the sale of “loot boxes” bought by players in 77 games.

  • June 09, 2026

    When arbitration isn’t final: B.C. Court of Appeal opens door to procedural fairness appeals

    Imagine receiving an arbitral award that strikes you as procedurally flawed: the arbitrator rendered a costs decision without ever soliciting your submissions. Your contract stipulates that arbitration is final. What options, if any, are available to you?

  • June 09, 2026

    CIVIL PROCEDURE - Pleadings - Amendment of

    Appeal by Rogers Communications Inc. (Rogers) from a decision of the Competition Tribunal (Tribunal) denying, in part, Rogers’ motion for leave to amend its Response to the Commissioner of Competition’s (Commissioner) Notice of Application. Motion by Rogers to adduce fresh evidence. The underlying Tribunal proceeding concerned allegations that Rogers’ marketing of its Infinite wireless plans was deceptive, because the plans did not provide unlimited high speed data.