Civil Litigation
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March 18, 2026
Court allows appeal finding claim for a sold dog was not vexatious
The British Columbia Court of Appeal has allowed an appeal finding that an appellant’s claim for a dog she purchased and wished to return engaged contract law and was not frivolous, vexatious or an abuse of process.
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March 18, 2026
The mask of professionalism: Stress of maintaining the ‘good lawyer’ image
In the first part of this two-part series (see link below), I wrote that in addition to actual legal work, most lawyers are also expected to act, speak and dress in certain ways. This added layer of effort can feel like a performance. It requires constantly monitoring yourself to maintain the image of a “good lawyer,” and it is exhausting. Here, I turn to what can be done to reduce the stress associated with all this extra labour.
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March 18, 2026
Distinct, complementary roles of section 3 counsel and litigation guardians in Ontario capacity proceedings
When a party is incapable of instructing counsel, or their capacity is in question in a proceeding, two distinct safeguards exist under Ontario law to protect that party’s interests.
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March 17, 2026
Court removes counsel over dual role in subrogated and coverage claims
The Alberta Court of King’s Bench has removed a lawyer as counsel in subrogated actions brought in the name of an insured, finding that despite the absence of a solicitor-client relationship, his concurrent representation of the insurer against the insured created a substantial risk of impaired representation.
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March 17, 2026
SCC heard more cases in 2025 but still fewer than pre-pandemic; number expected to rise in 2026
The Supreme Court of Canada heard more appeals last year than in 2024 and delivered its reserved judgments more quickly, but its hearings and output in 2025 were not yet up to pre-pandemic levels, according to the top court, which states it “expects to hear even more cases in 2026.”
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March 17, 2026
Court rejects stay of indeterminate proceedings in proposed consumer loan class actions
In two proposed class actions against companies offering loans for home improvement services, the Ontario Superior Court of Justice has found the plaintiffs did not meet the test to stay hundreds of related proceedings in the lower court.
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March 17, 2026
N.W.T. releases feedback on changes to union rules for public sector workers
The Northwest Territories has released feedback on possible legislative changes around how unionized public servants are represented.
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March 17, 2026
Fictitious case law a systemic problem in Canadian courts: 111 and counting
In October 2025, a Federal Court associate judge ordered a lawyer to pay costs personally after the lawyer submitted two AI-generated cases that did not exist. The decision drew attention for good reason. But it also raised a harder question: how often is this happening across the country?
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March 17, 2026
DIVISION OF POWERS - Federal jurisdiction
Appeals and cross-appeals arising from the first-ever invocation of the Emergencies Act, during the Freedom Convoy protests in early 2022. On Feb. 14, 2022, the Governor in Council issued a Proclamation declaring a public order emergency, followed by Emergency Measures Regulations and an Emergency Economic Measures Order.
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March 16, 2026
FCA orders RCMP review body to decide delayed appeals within 6 months
The Federal Court of Appeal has ordered the RCMP External Review Committee (ERC) to issue findings in long-delayed disciplinary appeals within six months, ruling that the Federal Court erred in denying mandamus relief after concluding the delay was not unreasonable.