Civil Litigation
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April 13, 2026
B.C. land claim decision ‘merits careful attention,’ lawyer says
A B.C.-based lawyer is saying a recent decision by the province’s top court in a land claim is of “particular significance and precedential value” as it represents the first time the court has made a declaration of Aboriginal title.
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April 13, 2026
Why equal shares aren’t always equal: RRIF estate tax lessons
What happens when a Registered Retirement Income Fund (RRIF) is included in an estate but the will says nothing about it? The Québec Superior Court answered that question in Noël c. Birk, 2026 QCCS 187, and the answer should matter to every estate planner, liquidator and testator with registered assets.
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April 13, 2026
Substance over form: Alberta Court of Appeal stays third-party claim in favour of arbitration
In Arsopi v. ARVOS GmbH, 2026 ABCA 49, the Alberta Court of Appeal (the ABCA) allowed an appeal from a decision that only partially stayed a third-party claim in favour of arbitration. The court concluded that the entire dispute fell within the scope of a broadly worded arbitration clause agreed to by sophisticated commercial parties.
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April 13, 2026
SCC’s new session precedes big moves as Martin J. and judges prep for departures
The Supreme Court of Canada’s spring docket presents the nine judges with a wide range of appeals, including the last cases to be heard by soon-to-retire Justice Sheilah Martin and her colleagues in their iconic 1940s-era Ottawa courthouse, which is slated for a multi-year major update. The Supreme Court’s new spring session, scheduled from April 13 to May 22, 2026, features 14 appeals, 10 of which involve criminal law issues.
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April 13, 2026
Should you make the first offer? Anchoring, aggression and strategy in settlement negotiations
Is it better to make a first offer in negotiations? And what about aggressive first offers — do they set an advantageous anchor or lead to insult and impasse?
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April 10, 2026
Yukon government apologizes to students over use of restraints, seclusion at elementary school
The Yukon government has issued a public apology to students and former students of Jack Hulland Elementary School (JHES) in Whitehorse, including those in a specialized behavioural support program who were subjected to holds, restraints and seclusion.
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April 10, 2026
Osgoode Hall launches new access to justice fund
Toronto’s Osgoode Hall Law School has unveiled a new million-dollar fund to help support access to justice research and students pursuing careers in the area of public interest.
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April 10, 2026
Federal Court bars vexatious litigant over numerous proceedings, AI submissions
The Federal Court has barred a self-represented litigant from starting or continuing proceedings without leave after finding that his repeated complaints, court actions and AI-tainted filings amounted to vexatious conduct.
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April 10, 2026
SCC backs insurer in dispute over Quebec death declaration
In a unanimous ruling, the Supreme Court of Canada has clarified the degree of proof required to establish the “return” of a person declared dead under the Civil Code of Quebec. Under the Code, a court can declare a person dead if they have not been heard from in seven years. Known as a declaratory judgment of death, it allows for settlement of a person’s affairs such as permitting succession and dissolving a marriage.
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April 10, 2026
B.C. court reaffirms narrow scope of arbitration appeals in vaccine-related termination dispute
The B.C. Court of Appeal has upheld an arbitration award in favour of a pediatrician terminated for refusing a COVID-19 vaccination, emphasizing that it lacks jurisdiction to hear appeals raising issues of mixed fact and law under the Arbitration Act.