Civil Litigation
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February 12, 2026
Data breach and privacy class actions in Canada: Why employers should pay attention
A noticeable shift is underway in Canadian class action litigation. Plaintiffs are increasingly seeking certification in data privacy cases, and courts appear more willing to grant it, even where concrete financial harm has not yet been established. This may signal a lower barrier at the authorization stage, which in turn may lead to greater interest in seeking class action certification.
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February 12, 2026
NATURAL JUSTICE - Duty of fairness - Procedural fairness
Appeal by West Whitby Landowners Group Inc. from a decision of Divisional Court dismissing its application for judicial review from the Ontario Energy Board. The respondent, Elexicon Energy Inc., was the licensed monopolist that distributed electricity in Whitby.
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February 11, 2026
Court dismisses appeal for defendant hockey leagues to cross-examine before certification
The British Columbia Court of Appeal has dismissed an appeal by various hockey leagues seeking to conduct cross-examinations at the pre-certification stage of a proposed class action against them.
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February 11, 2026
The new accountability: Why process is becoming a professional requirement in negotiation
For decades, negotiation remained the “black box” of legal work. While research became transparent and file management became auditable, negotiation stayed insulated behind “instinct” and “professional judgment.” Those things mattered — and still do — but they were hard to explain, document and audit. That insulation used to be acceptable.
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February 11, 2026
Federal Court rejects reconsideration bid based on improperly filed privacy complaint
The Federal Court has declined to reconsider an order striking a statement of claim without leave to amend, finding that a complaint to the Privacy Commissioner that was allegedly overlooked in the order was not properly before the court during the motion to strike.
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February 10, 2026
Bona fide purchaser defence available to unsecured creditors in source deduction claims: court
Unsecured creditors can rely on the bona fide purchaser for value defence against Crown claims on proceeds received from the sale of an employer’s property where the employer failed to remit source deductions, the Federal Court of Appeal has ruled.
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February 10, 2026
McLennan Ross welcomes Cody Van de Veen
Cody Van de Veen has joined McLennan Ross at its Edmonton office, where he practises insurance defence and commercial litigation, according to the firm.
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February 10, 2026
Settlement reached in securities class action against cannabis company
The Ontario Superior Court of Justice has certified a securities class action where the parties reached settlement in relation to alleged misrepresentations by a cannabis company.
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February 10, 2026
Federal listing of plastic manufactured items as ‘toxic’ may soon land on top court’s steps
The Federal Court of Appeal’s recent judgment that Ottawa reasonably added plastic manufactured items to the federal list of “toxic” substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA), enabling the regulation of single-use plastics under s. 93 of the Act, may soon head to the Supreme Court of Canada.
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February 10, 2026
Recent developments in Canadian class action law: Q4 2025, part two
As we discussed in the first article (see below for link) of this two-part series, the final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions in eight important decisions. We covered three of the eight key decisions from the Supreme Courts of Canada, Ontario and British Columbia in the first article, and we will now discuss the remaining five.