Civil Litigation
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April 21, 2026
Contractual interpretation and the earn-out dispute
A lot has been written about the Project Freeway Inc. v. ABC Technologies Inc., 2025 ONCA 855 case since the Ontario Court of Appeal rendered its decision in December 2025 dismissing the appeal of Justice Jana Steele’s trial decision in the matter.
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April 21, 2026
CORPORATIONS - Oppression remedy
Appeal by appellants and several related corporate entities from a chambers decision. The decision refused to vary a Mareva injunction to permit release of restrained funds for additional living expenses and to pay previously incurred legal fees.
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April 20, 2026
Federal Court of Appeal rules surgical gloves not ‘for use in’ scalpels, denies tariff relief
The Federal Court of Appeal has ruled that surgical gloves do not qualify for duty-free import under a tariff provision covering goods “for use in” surgical instruments, rejecting a Canadian International Trade Tribunal (CITT) finding that they were sufficiently connected to scalpels in surgical use.
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April 20, 2026
New OBA campaign brings rule of law understanding to public
This month, the Ontario Bar Association (OBA) launched its Rule of Law campaign in which local lawyers host discussions in their communities to help the public better understand the rule of law and its everyday importance to democracy.
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April 20, 2026
Ontario Court of Appeal says lower-paying replacement work counts in mitigation
The Ontario Court of Appeal has now made clear that income earned during the notice period will generally reduce wrongful dismissal damages, even where the replacement job is lower paying or lower ranking.
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April 20, 2026
Federal Court awards inmate $65K over guard assault, rejects claim CSC fails to discipline staff
In a decision released on April 16, the Federal Court awarded a prison inmate significant damages for injuries he sustained after being assaulted by a guard and for a breach of his Charter s. 7 right to security of the person, but stopped short in agreeing with the plaintiff’s argument that Correctional Service Canada (CSC) is unwilling to discipline staff for misconduct.
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April 20, 2026
The AI associate: Reshaping the training of lawyers
After initial pushback and criticism, law firms in Canada are finally instituting artificial intelligence (AI) in their offices in a significant way. For example, Torys, one of the largest law firms in Canada, has entered into a partnership with Harvey, a legal AI software, to drive firm-wide adoption at scale.
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April 20, 2026
Here comes the Sun (Tzu litigation agent)
With AI, lawyers can turn to AI agents to answer questions, locate files, find facts (or make them up) and automate certain functions. AI chatbots appear analogous to intelligent articling students.
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April 17, 2026
SCC rules 9-0 Quebec court can hear Crown’s forfeiture bid after stay of criminal charges
The Supreme Court of Canada has clarified 9-0 that the Court of Quebec does have jurisdiction to hear the Crown’s proceeds-of-crime forfeiture motions pursuant to statutory rules that operate independently of trial and sentencing, even when criminal charges against the holders of the seized property have been stayed.
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April 17, 2026
Ottawa seeking input on changes to ‘federal labour relations framework’
Canada’s government is looking for feedback on how to update labour relations policy for federally regulated industries.