Civil Litigation

  • May 04, 2026

    Ontario’s government wants to keep you in the dark: What are they hiding?

    Roughly every four years, voters elect a government and grant it significant powers and responsibilities. But winning an election does not mean one has been given carte blanche to act as they see fit until the next election. Governments must exercise public power in accordance with the Constitution, and voters have the right to know how elected officials are using this power. Ontario’s rushed amendments to freedom of information and privacy laws enacted a few days ago through the government’s Bill 97, Plan to Protect Ontario Act (Budget Measures), 2026 directly attack both of these fundamental democratic principles.

  • May 04, 2026

    CIVIL PROCEDURE - Striking out pleadings or allegations - Failure to disclose a cause of action or defence - Costs

    Appeal by Strata from a chambers judge’s refusal to strike the respondents’ negligence claim. The underlying litigation concerned disputes over governance of a strata property, including allegations against the 2019 and 2020 Strata Council members relating to conflict of interest issues, lease renewals with Victoria Regent Hotel Ltd., and a 2021 Release.

  • May 01, 2026

    SCC upholds limits on parliamentary privilege of National Security & Intelligence Committee members

    The Supreme Court of Canada has rejected 8-1 a law professor’s constitutional challenge to s. 12 of the National Security and Intelligence Committee of Parliamentarians (NSICOP) Act, which eliminates all parliamentary privilege immunity claims that might otherwise have been advanced by committee members or ex-members in defending themselves against allegations that they improperly disclosed information obtained through their role on the statutory committee that oversees Canada’s national security and intelligence apparatus.

  • May 01, 2026

    Law delaying redrawing of Quebec voting boundaries an infringement of voting rights: SCC

    The Supreme Court of Canada has confirmed there was an unjustified infringement on Quebec residents’ voting rights due to a law that interrupts the process of determining electoral boundaries.

  • May 01, 2026

    Court finds non-priority insurer liable after failure to pay, notify priority insurer

    The Ontario Court of Appeal has overturned an order requiring two insurers to share responsibility for accident benefits, finding that an arbitrator reasonably held the first insurer fully liable after it failed to pay benefits and notify the insurer that would otherwise have been responsible.

  • May 01, 2026

    Bill C-223 won’t ‘fix’ relocation law, it’ll ruin it

    I wrote about Bill C-223’s proposed relocation changes in October 2025 (“Bill C-223: Bad ideas on child relocation”). Law360 Canada published a two-part defence of the bill by Suzanne Zaccour and Joanne Moser on April 22-23, 2026 (“Relocation law is stacked against mothers — Bill C-223 can fix it”; “Relocation law is stacked against mothers — Bill C-223 can fix it: Addressing bias”). Zaccour is one of the architects of the bill, in her role at the National Association of Women and the Law (NAWL).

  • May 01, 2026

    CROWN - Federal Parliament - Parliamentary privilege

    Appeal by Ryan from a judgment of the Ontario Court of Appeal which found that s. 12 of the National Security and Intelligence Committee of Parliamentarians Act (Act) was intra vires the federal Parliament. The Act was enacted for the purpose of setting up a statutory committee of parliamentarians to oversee Canada’s national security and intelligence apparatus (Committee).

  • May 01, 2026

    CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Democratic rights - Right to vote and hold elected office

    Appeal by the appellant from a judgment of the Quebec Court of Appeal which set aside a judgment dismissing an application for judicial review. The Act to interrupt the electoral division delimitation process (ATI) has the effect of interrupting the process relating to the delimitation of Quebec’s electoral divisions made by the Commission de la représentation after every second general election.

  • May 01, 2026

    Bar says it ‘likely’ will appeal B.C. ruling that lawyer independence doesn’t require self-regulation

    Heralding a significant shift in the Canadian legal landscape, the British Columbia Supreme Court has rejected the legal profession’s constitutional challenge to the B.C. Legal Professions Act — legislation that would end more than 150 years of lawyer self-governance and self-regulation by benchers elected from the provincial bar.

  • April 30, 2026

    Court grants interpleader application over mining royalties amid corporate control dispute

    The Ontario Court of Appeal has allowed a mine operator to pay disputed royalty funds into court, overturning a ruling that found no adverse claims to support interpleader relief amid a battle for control of the owner of the mining rights.

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