Civil Litigation
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February 12, 2026
Tax Court varies reassessments for company that underreported $6 million
In the Tax Court of Canada decision of Premier Fasteners Inc. v. Canada, 2026 TCC 2 (Premier), the key fact underlying numerous complicated tax issues was Canada Revenue Agency’s (CRA) assessment that the appellant failed to report millions of dollars in revenue. This included failing to convert foreign sales income to Canadian currency.
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February 12, 2026
B.C. court denies leave to appeal orders upholding municipal privilege claims
The B.C. Court of Appeal has denied a project developer leave to appeal orders upholding case-by-case privilege over certain municipal documents in litigation related to the terminated North Shore Wastewater Treatment Plant project in North Vancouver, B.C.
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February 12, 2026
B.C. court dismisses appeal over fabricated affidavit in residential case
The British Columbia Court of Appeal has dismissed an appeal regarding missed payment of strata fees, finding that an affidavit was fabricated to appear as if it was properly sworn.
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February 12, 2026
Ontario Appeal Court upholds federal, provincial back-to-work legislation
Ontario’s top court has issued a pair of rulings upholding back-to-work legislation, with a legal scholar saying the decisions show that policymakers have been listening to the courts on how to craft labour laws that can withstand constitutional scrutiny.
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February 12, 2026
Ontario Court of Appeal calling for papers to honour late Justice Bertha Wilson
The Ontario Court of Appeal is calling for papers to mark the 50th anniversary of the late Bertha Wilson’s appointment to the court as part of a symposium honouring the woman who went on to become Canada’s first female Supreme Court justice.
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February 12, 2026
Data breach and privacy class actions in Canada: Why employers should pay attention
A noticeable shift is underway in Canadian class action litigation. Plaintiffs are increasingly seeking certification in data privacy cases, and courts appear more willing to grant it, even where concrete financial harm has not yet been established. This may signal a lower barrier at the authorization stage, which in turn may lead to greater interest in seeking class action certification.
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February 12, 2026
NATURAL JUSTICE - Duty of fairness - Procedural fairness
Appeal by West Whitby Landowners Group Inc. from a decision of Divisional Court dismissing its application for judicial review from the Ontario Energy Board. The respondent, Elexicon Energy Inc., was the licensed monopolist that distributed electricity in Whitby.
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February 11, 2026
Court dismisses appeal for defendant hockey leagues to cross-examine before certification
The British Columbia Court of Appeal has dismissed an appeal by various hockey leagues seeking to conduct cross-examinations at the pre-certification stage of a proposed class action against them.
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February 11, 2026
The new accountability: Why process is becoming a professional requirement in negotiation
For decades, negotiation remained the “black box” of legal work. While research became transparent and file management became auditable, negotiation stayed insulated behind “instinct” and “professional judgment.” Those things mattered — and still do — but they were hard to explain, document and audit. That insulation used to be acceptable.
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February 11, 2026
Federal Court rejects reconsideration bid based on improperly filed privacy complaint
The Federal Court has declined to reconsider an order striking a statement of claim without leave to amend, finding that a complaint to the Privacy Commissioner that was allegedly overlooked in the order was not properly before the court during the motion to strike.