Civil Litigation
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April 17, 2026
Court confirms competition commissioner can use s. 11 powers during tribunal proceedings
The Federal Court of Appeal has upheld a finding that the competition commissioner retains the power to seek ex parte orders compelling the production of documents and testimony under the Competition Act even after commencing proceedings before the Competition Tribunal.
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April 17, 2026
Court dismisses appeal by defendant physician, clarifies hearsay and opinion evidence exceptions
The case of Gumbley v. Vasiliou, 2025 ONCA 851 involved 28-year-old Ashley Gumbley, a mother of three with a history of asthma.
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April 17, 2026
Appeal Court overturns order to remove manufactured homes from reserve lands
The British Columbia Court of Appeal has overturned an order requiring former residents of manufactured houses to physically remove their homes from the reserve lands they were ordered to vacate.
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April 17, 2026
Officers of the court: First line of defence in catching fake cases, fabricated quotations
Almost three years ago, the decision of the U.S. District Court for the Southern District of New York in Mata v. Avianca, Inc., 2023 U.S. Dist. LEXIS 108263 made sensational worldwide headlines as one of the first cases to penalize lawyers for the use of fake cases generated by ChatGPT in their legal briefs.
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April 17, 2026
The case for in-person court attendances
My friend Steve Benmor made some excellent arguments recently in favour of Zoom attendances on motions (The Zoom paradox: When a judge’s words and his court’s actions collide). He backs it up by quoting the extremely persuasive comments of Justice Fred Myers of the Ontario Superior Court of Justice. I recognize and respect their arguments but let me address a couple of matters not addressed in their submissions on this issue.
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April 16, 2026
Indigenous leaders object to ‘one project, one review’ agreement between Manitoba, Ottawa
First Nations leaders in Manitoba are claiming to have been wrongly left out of an agreement between the province and Ottawa designed to accelerate assessments of how development projects will impact the environment.
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April 16, 2026
Court upholds finding that potato-processing tech does not infringe McCain patent
The Federal Court of Appeal has upheld a decision that the use of pulsed electric field (PEF) technology to treat potatoes before cutting does not infringe a McCain Foods patent covering “high electric fields” used to reduce resistance in fruits and vegetables.
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April 16, 2026
The Zoom paradox: When a judge’s words and his court’s actions collide
There is something deeply ironic unfolding within Ontario’s family court system — an irony that cuts to the heart of what access to justice actually means in practice.
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April 16, 2026
Court allows leave to appeal in foreclosure case regarding privileged legal accounts
The British Columbia Court of Appeal has granted leave to appeal in a case requiring a lender to produce its legal bills for a costs assessment in a foreclosure dispute, saying the case raises important and unresolved questions about privilege and redemption rights.
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April 15, 2026
Manitoba giving more money for child and family services
Manitoba’s government is providing millions in additional funding to child and family welfare services in the province.