Civil Litigation
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January 30, 2026
Is international law really law or just a script the powerful edit at will?
International law likes to enter the room wearing a tailored suit, speaking in solemn tones about order, peace and a rules-based world. It carries binders full of treaties, conventions, charters and resolutions from an era post 1945. It invokes history, morality and the collective will of nations. It sounds authoritative. It looks official. It insists it is law.
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January 30, 2026
Werbeski v. Werbeski: ONSC decision a reminder of principles of property division and child support
There are certain fundamental principles of family law practice in Ontario that are enshrined in the consciousness of family law practitioners. Two of these principles are set out in Werbeski v. Werbeski, 2026 ONSC 57. These are: (i) family property will be equalized between spouses at the time of separation absent unconscionable circumstances as set out in s. 5(6) of the Family Law Act and (ii) parents must pay support for their dependent children; no excuses.
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January 30, 2026
Ontario court orders new law licence review for man who admitted to sexually abusing children
Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.
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January 30, 2026
CONDOMINIUMS - Common elements - Common expenses - Declarations - Other elements
Appeal by 1388020 Ontario Corp. (BSA) from an order granting summary judgment in favour of Metropolitan Toronto Condominium Corporation No. 1067 (MTCC 1067). This arose from an action over alleged condominium common expense arrears.
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January 29, 2026
Canada, plaintiffs reach proposed settlement in residential school case
A settlement agreement has been reached in a class action relating to Île-à-la-Crosse residential school in Saskatchewan to acknowledge harms done to former students.
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January 29, 2026
Balancing transparency, privacy in municipal governance: Analysis of the Planning Act and MFIPPA, part two
Transparency and privacy are two core principles of municipal governance. In Ontario, laws regulating municipal activities such as the Municipal Act, 2001, and the Planning Act, require administrators to ensure openness and transparency to foster public participation in governance and municipal activities. The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) imposes obligations to protect personal information. These requirements often create the perception of legal conflict.
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January 29, 2026
CBA president, law society commend Alberta judges’ call for respect, support
Members of the legal profession from across the country are applauding a public statement from Alberta’s three chief justices calling for respect and mutual support among the different branches of government. In a statement posted on the Alberta courts website earlier this week, Chief Justice of the Alberta Court of Justice James Hunter, Court of King’s Bench Chief Justice Kent Davidson and Acting Chief Justice of Alberta Dawn Pentelechuk said “a properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution.”
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January 29, 2026
A wake‑up call on Case Center and counsel accountability
The increasing reliance on digital platforms has fundamentally altered the practice of family law in Ontario. Case Center, now mandatory in the Superior Court of Justice, was introduced to promote efficiency, accessibility and clarity in court proceedings. While the platform has delivered on many of those goals, recent jurisprudence confirms that improper use can undermine, rather than enhance, the administration of justice.
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January 29, 2026
Ontario Court of Appeal reasserts evidentiary discipline in anti-SLAPP motions
The Ontario Court of Appeal’s decision in Yates v. Iron Horse Corporation, 2026 ONCA 38, released Jan. 23, is a clear course correction in the application of Ontario’s anti-SLAPP regime. The court reaffirmed that the public-interest “weighing” exercise under s. 137.1(4)(b) of the Courts of Justice Act is not a discretionary or case-management inquiry, but a tightly constrained statutory test anchored in evidence of harm and causation.
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January 28, 2026
Appeal court finds confidential disclosure to judge, not appellant, appropriate in Charter case
In a case referencing opposition to the Northern Gateway pipeline project, the Federal Court of Appeal has dismissed an appeal by the British Columbia Civil Liberties Association (BCCLA) relating to confidential information being disclosed to only the judge in its application brought against the Canadian Security Intelligence Service (CSIS).