Civil Litigation
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February 24, 2026
B.C. making ‘practical’ changes to civil forfeiture law, minister says
The B.C. government is saying amendments to provincial civil forfeiture legislation will increase its clarity and efficiency, but a lawyer says the changes will lead to privacy erosions and increased pressure on people who are being targeted under the law.
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February 24, 2026
Yukon high court explores ambiguity in lease agreements
A recent ruling out of Yukon grappled with the “concept of ambiguity” in lease agreements and ultimately established law around contractual interpretation, says the lawyer of a resident who argued the territory had granted him a “lifetime lease” on a piece of property.
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February 24, 2026
Partial summary judgment after Kotsopoulos: Structural reset in Ontario civil procedure
The Court of Appeal’s decision in Kotsopoulos v. Toronto (City), 2026 ONCA 121 appears, at first glance, to be a routine municipal liability appeal. It is not. It is a procedural recalibration. The judgment reinforces that partial summary judgment is not merely a tactical device. It is an exception to the structural integrity of the trial process, and courts must guard that integrity carefully.
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February 24, 2026
CUSTODY, PARENTING, AND ACCESS - Custody and parenting time - Access
Appeal by mother from a case management order that dismissed her application. The application was for recusal of the case management judge (judge) on grounds of reasonable apprehension of bias and varied interim parenting arrangements. The parties married in 2010, separated in 2021, and had one child.
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February 23, 2026
B.C. Court of Appeal reinforces presumption of early vesting in estate law
When does a class gift vest — upon the testator’s death or at a later time? While vesting often turns on how a will is drafted, in Jack Estate v. Jack Estate, 2026 BCCA 18, the British Columbia Court of Appeal reaffirmed that the presumption of early vesting applies to class gifts absent clear language to the contrary in the testator’s will. The court also made it clear in this decision that the vesting of testamentary gifts will not ordinarily be tied to the timing of estate administration.
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February 23, 2026
Immigration decision signals tougher era for security inadmissibility cases
The recent Federal Court’s ruling in Sowane v. Canada (Citizenship and Immigration), 2026 FC 89 should command the close attention of immigration practitioners. Although the facts concern the used-vehicle export industry and alleged ties to Hezbollah money-laundering networks, the judgment’s implications extend well beyond any single sector.
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February 20, 2026
Court allows Suncor’s appeal of depreciable properties in tax reassessment
The Federal Court of Appeal has allowed an appeal by Suncor relating to its acquisition of more than $34 million in depreciable property that was transferred to its limited partnership, which did not exist at the time of acquisition, and later used to calculate its 2007 income tax.
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February 20, 2026
Tax Court endorses Google Maps for ‘shortest normal route’ in moving expense disputes
In a decision that bridges traditional tax principles with modern technology, the Tax Court of Canada has upheld a taxpayer’s claim for nearly $130,000 in moving expenses, relying on Google Maps data that accounted for real-world rush-hour traffic in the Greater Toronto Area.
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February 20, 2026
Equal or exceptional? Reapportionment and relationship dynamics in Lamoureux v. Hedquist
In Lamoureux v. Hedquist, 2025 BCCA 438, the parties were involved in a turbulent five-year relationship from 2015 to 2020. Neither entered the relationship with personal assets; however, the husband, Thomas Hedquist, owned substantial and valuable corporate interests at the outset of their union that qualified as excluded property.
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February 20, 2026
Judge deems boy’s injuries at Grande Prairie daycare ‘unfortunate fluke’
911. No, not a distress call. Just the age of the parties in a recent Alberta Court of Justice case, Robinson v. Fellin, 2026 ABCJ 2. Dominic Robinson was 9, and he sued Xavier Fellin, age 11, who struck him at a Grande Prairie, Alta., summer daycare program while arguing and swatting him with a small toy dinosaur. Dominic suffered a severe finger injury requiring surgery.