Civil Litigation
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February 17, 2026
Just cause is not a lost cause
That headline is an expression I developed when writing my book, You’re Fired! Just Cause for Dismissal in Canada, and it remains valid today. Despite what some people think, summary dismissal does exist in Canada. You can fire an employee without notice or severance in the right circumstances.
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February 17, 2026
78-year-old inmate’s case against Corrections Canada will draw back curtain on system
A country song recorded by Charlie Rich, inspired by the Watergate scandal in the United States, includes the line, “No one knows what goes on behind closed doors.” That could be the theme for some incidents in Canada’s penitentiaries. It has been said that prison walls and fences are more for keeping the public out than for keeping prisoners in. However, from time to time, the public can gain insight into the inner workings of how prisoners are treated when a lawsuit is brought.
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February 13, 2026
Court dismisses appeal relating to equipment removal after liquidation
The Ontario Court of Appeal has dismissed an appeal of an alleged conversion claim relating to the sale of a racking system that was abandoned in a warehouse after bankruptcy proceedings.
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February 13, 2026
Federal Court refuses default judgment against in rem defendants for defective service
The Federal Court has granted default judgment against a Vancouver-based cruise company for unpaid ship repair work and necessaries, but refused judgment against two of its vessels, holding that the plaintiff failed to comply with in rem service requirements.
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February 13, 2026
Pandemic travel restrictions in N.L. violated rights, but justifiably: SCC
Canada’s top court has found that while Newfoundland and Labrador’s barring of non-residents from entering the province during the pandemic violated people’s mobility rights, it was justified due to rising case numbers, a loss of life and the scientific uncertainty of the times.
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February 13, 2026
Buying property in Canada in a child’s name
In the case of Zhou v. Zhao, 2024 ONSC 6663, a complex legal battle unfolded over ownership of two real estate properties purchased by parents who are Chinese citizens for their son and his wife living in Canada.
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February 13, 2026
McDougall Gauley names 7 new partners
Danny Alcorn, Andrew Arguin, Rochelle Blocka, Cam Klein, Glenn MacKay, Fashia Richards and Mackenzie Tulloch have joined McDougall Gauley LLP’s partnership, according to the firm.
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February 13, 2026
CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Demonstrably justified in free and democratic society - Oakes test - Mobility rights
Appeal by Taylor and the Canadian Civil Liberties Association (CCLA) from a judgment of the Newfoundland and Labrador Court of Appeal which dismissed an appeal on the ground of mootness. During the COVID-19 pandemic, Newfoundland and Labrador (the “Province”) took steps to regulate travel into the province by non-residents.
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February 13, 2026
Federal Court revokes citizenship of human rights violator, but why did it take so long?
Canada’s immigration and refugee systems are among the most generous in the world. They are designed to protect the persecuted. But those systems depend on a fragile and indispensable foundation: truthful disclosure. The Federal Court’s decision in Canada (Minister of Citizenship and Immigration) v. Sosa Orantes, 2026 FC 159 makes clear that when that foundation is deliberately undermined, immigration policy itself is placed at risk.
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February 12, 2026
‘Distemper of our times’ calls for judges to balance restraint with principled ‘bold action’: CJ Joyal
“Bold” but “properly calibrated” judicial action, rather than reflexive judicial reticence and reserve, is sometimes necessary to preserve public confidence in the justice system — a confidence on which the foundational principle of judicial independence depends, says Manitoba Court of King’s Bench Chief Justice Glenn Joyal.