Civil Litigation
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February 03, 2026
Gift or loan? Courts weigh in on nature of financial support given by parents to adult children
When parents provide financial support to their adult children, is it a loan or a gift? While the question might seem straightforward, the assessment can be much more nuanced where clear documentation is lacking.
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 03, 2026
Emotions in the legal workplace: There’s no crying in baseball
When I was articling, I was given a very difficult assignment. I was responsible for researching an obscure argument being advanced in a Supreme Court of Canada case that was grounded in a very old and likely inapplicable legal principle. The litigation team was very skeptical about it, and they asked me to provide a summary of the argument to see if it should be put forward or dropped. I spent an enormous amount of time on the research because I wanted to be sure I gave the potential argument a fair shake.
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February 03, 2026
CIVIL PROCEDURE - Actions - Pleadings - False, frivolous, vexatious or abuse of process - Res judicata
Appeals by appellants from two orders refusing to stay proceedings for costs and another striking out a new action. In 2017, the appellants sued RBC Dominion Securities and its employee, Crowle, alleging negligence and breach of contract for unsuitable investment advice, unauthorized trading, and failure to follow instructions.
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February 02, 2026
Court to consider $60M settlement for Ontario training schools abuse class action
The Ontario Superior Court is set to consider a $60-million agreement to settle a class action concerning allegations that children held in Ontario’s youth detention facilities, also known as training schools, were subjected to a toxic environment as well as physical, sexual and psychological abuse.
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February 02, 2026
Federal Court strikes judicial review of GIC decision on telecom policy citing alternative remedies
The Federal Court has dismissed a judicial review of the Governor in Council’s (GIC) refusal to vary a CRTC internet access policy, finding that parallel proceedings before the Federal Court of Appeal and a renewed petition to the Governor in Council provided adequate alternative remedies.
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February 02, 2026
Access to Justice Week B.C. speaks to importance of system that evolves, listens and learns, AG says
British Columbia Attorney General Niki Sharma is marking Access to Justice Week by reaffirming the province’s commitment to building a justice system that is “responsive, inclusive and accessible.”
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February 02, 2026
The recent incident at the courthouse in Oshawa
Have you seen the documentary on Netflix called Skyscraper Live? It documents an unbelievable solo climb up a 100-storey building in Taiwan. The climber had no rope, no parachute and no safety harness. Any slip on his part, any grip not secure, and he falls to his death. Writing this article, I feel like that climber, only I am about to fall off the building … but … here goes.
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February 02, 2026
Top 10 business decisions of 2025, part two
Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order.
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February 02, 2026
WILLS - Variation
Appeal by appellant from an order dismissing her claim to vary her father’s will for want of prosecution and application to adduce new evidence on appeal. The appellant’s father died in August 2016, leaving three children and a will dividing the residue of his estate equally among them. Five days before his death, he transferred ownership of three condominiums to two of his children, Colleen and Brian.