Civil Litigation

  • July 13, 2026

    Commercial litigator Noëmie Frappier joins McCarthy Tétrault

    McCarthy Tétrault has added Noëmie Frappier as counsel in its litigation and dispute resolution group in Montreal.

  • July 13, 2026

    Private mortgage paradox: Why ‘interest reserves’ trigger day-one defaults in Ontario courts

    Ontario’s private mortgage market has evolved rapidly, with lenders increasingly offering prepaid interest reserves or capitalized interest structures (often called payment-in-kind or “PIK” arrangements) to attract borrowers facing liquidity constraints.

  • July 13, 2026

    100K backlog: Forcing timely Bill C-3 citizenship decisions

    When Bill C-3, An Act to amend the Citizenship Act (2025), took effect last December, the federal government took a predictable victory lap. By passing the legislation, Ottawa permanently dismantled the “first-generation limit” that stripped Canadian citizenship from thousands of children born abroad to Canadian parents. Politicians hailed it as the ultimate remedy for the “Lost Canadians.”

  • July 13, 2026

    COMPANIES’ CREDITORS ARRANGEMENT ACT (CCAA) MATTERS - Application of Act - Compromises and arrangements - Monitors

    Appeals by multiple Canadian and Texas entities (appellants) from two decisions continuing and confirming proceedings under the Companies’ Creditors Arrangement Act (CCAA). The proceedings arose from two Texas real estate development projects, Fossil Creek and Hills of Windridge, financed through a complex structure involving Texas development LLCs and Canadian trusts, partnerships, and corporate entities.

  • July 10, 2026

    The expanding role of digital evidence in personal injury cases

    Personal injury litigation has always been driven by evidence, serving as the foundation upon which liability and damages are established.

  • July 10, 2026

    Ontario court says insurability rule has no time limit

    Ontario’s top court has ruled that a section of the provincial Insurance Act that allows insurers to deny coverage due to changes in a person’s circumstances is not time-limited.

  • July 10, 2026

    Court rejects extension to opt out of medical negligence class action

    The Ontario Superior Court of Justice has dismissed a motion to extend an opt-out deadline in a national class action concerning contaminated heart-surgery devices, finding the defendants would be prejudiced after negotiating a settlement in principle. This was despite the class member’s injuries and acting in good faith.

  • July 10, 2026

    Many trial judges overworked and stressed — but not as much as lawyers: new national survey

    Many federally appointed trial judges report stress from excessive workloads, limited control over their time in the workplace and too few support resources, according to a new national survey of judges’ physical and psychological health. On July 9, the Canadian Judicial Council (CJC) reported on extensive research commissioned from the Université de Sherbrooke between 2024 and 2026 by the council of 44 chief and associate chief justices.

  • July 10, 2026

    Ripe for disaster: Ontario court reiterates importance of causation analyses in coverage disputes

    The recent Ontario Court of Appeal decision in Green Rise Foods Inc. v. N. V. Hagelunie, 2026 ONCA 334 (Green Rise) serves as a helpful reminder of the importance of a careful causation analysis in insurance coverage disputes where several factors arguably caused or contributed to the claimed loss.

  • July 10, 2026

    Public law meets private actions: How to sue for abuse of public power

    Bringing an action against a government actor can be riddled with difficulty. Immunity provisions frequently shield state conduct from civil actions. Where a claim is not carefully crafted, it can easily be dismissed on a preliminary motion as an improper means of seeking to reverse the impugned government decision itself. Moreover, torts like misfeasance of public office have very specific requirements that must be proved if you are to succeed.

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