Civil Litigation
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September 10, 2025
Federal Court of Appeal affirms judicial review not available for CTA’s factual findings
The Federal Court of Appeal has affirmed that factual findings by the Canadian Transportation Agency (CTA) are insulated from judicial review as s. 40 of the Canadian Transportation Act provides an alternate remedy through petitions to the Governor in Council.
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September 10, 2025
Ontario Court of Appeal confirms: Insurer’s right to void policy survives renewal
The Ontario Court of Appeal has confirmed that an insurer can void a policy for misrepresentation — even after renewal — if it has consistently reserved its rights and never clearly waived them.
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September 10, 2025
New OBA president hopes to bring ‘more conversational experience’ to position
The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.
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September 10, 2025
Mounting challenges of being ‘the solicitor of record’
My friend, lawyer Steve Benmor, hit a home run with his recent Law360 Canada article: “Do judges remember what it was like to be a lawyer?” I will not even try to expand upon his views; there is no need. He hits all the points I would have made and more. I agree entirely with him. Rather than a “rinse and repeat,” I want, in this article, to reflect and focus on his analysis of the mounting challenges of being “the solicitor of record.”
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September 09, 2025
Aviva estopped from denying coverage in boating accident after delay in raising coverage concerns
The Federal Court rejected an insurer’s bid to avoid defending and paying claims from a fatal boating accident, ruling that it was estopped from denying coverage after delaying and taking steps that prejudiced the insured’s access to evidence.
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September 09, 2025
P.E.I. looking to public input on changes to child support recalculation service
Prince Edward Island is looking for residents’ input on possible changes to legislation governing the province’s child support recalculation program.
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September 09, 2025
Dalhousie, union resume labour talks during lockout
Nova Scotia’s Dalhousie University and its locked-out unionized faculty have returned to the bargaining table.
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September 09, 2025
B.C. tribunal fines X Corp. $100K over intimate image case
A B.C. tribunal has ordered social media giant X to pay a penalty of $100,000 for failing to completely remove a woman’s intimate image from its website.
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September 09, 2025
Draeden Lee returns to McCague Borlack as associate
McCague Borlack LLP has welcomed Draeden Lee back as an associate after he summered and articled with the firm.
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September 08, 2025
Court restores denial of patent reinstatement, affirms patent agent due care obligation
The Federal Court of Appeal has restored a decision denying a request to reinstate a patent application, confirming that the obligation to exercise due care to prevent patent abandonment applies to both the applicant and its patent agent.