Civil Litigation
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February 06, 2026
Twice as good for a quarter as much: Are fathers held to a higher standard in family court?
My friend Jason asked me — casually, the way people do when they are pretending they are not carrying a question around like a stone in their pocket — “Hodine, why I don’t write an article about women having more rights in family court.” He didn’t ask it like an accusation. He didn’t frame it as an argument. He asked it the way people ask things they’ve heard too many times to ignore.
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February 06, 2026
Supreme Court defines scope of ‘material change’ in Canadian securities law
On Nov. 28, 2025, the Supreme Court of Canada (SCC) issued its decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, providing important clarification on one of the more complex areas of Canadian securities law: the distinction between a “material fact” and a “material change” under the Ontario Securities Act (the Act).
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February 05, 2026
Ontario’s top court agrees to hear arguments on revisiting climate challenge
Seven young Ontarians who argued the province’s greenhouse gas (GHG) emission targets violated their constitutional rights are once again heading to court.
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February 05, 2026
Federal Court upholds CHRC refusal to hear complaint following labour arbitration
The Federal Court has upheld a Canadian Human Rights Commission (CHRC) decision declining to deal with a complaint under the Canadian Human Rights Act (CHRA), finding the substance of the discrimination allegations had already been addressed through prior labour arbitration.
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February 04, 2026
Court upholds decision finding race, disability did not play a role in TD Bank employee’s demotion
The Federal Court has upheld a tribunal decision that a Black employee formerly working at TD Bank was not deprived of his Charter rights due to a demotion through restructuring, despite his arguments on race and disability being a factor.
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February 04, 2026
B.C. Court of Appeal upholds certification of privacy class action against Home Depot
The B.C. Court of Appeal has upheld the certification of a class action against Home Depot for sharing customer information with Meta, confirming that Privacy Act claims may be certified where common liability can be assessed on a class-wide basis.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
McKercher names Perrault and Wilson as partners
McKercher LLP has welcomed Toni A. Perrault and Cole J.N. Wilson to its partnership in the firm’s Saskatoon office.
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February 04, 2026
When it comes to employee vaccination policy, proportionality matters
The Ontario Superior Court’s recent decision in Paul v. Sensient Colors Canada Ltd., 2025 ONSC 3127 should cause a familiar sense of discomfort for employers who assumed that pandemic-era policies would receive blanket judicial deference.
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February 04, 2026
CIVIL PROCEDURE - Appeals - Grounds for review - Misapprehension of or failure to consider evidence
Appeal by Lungu from chambers judge’s summary dismissal of her negligence claims. This appeal arose from a medical malpractice action involving a trigger point needling treatment performed by Dr. Cabrita, a medical doctor specializing in physiatry. Lungu alleged that Dr. Cabrita performed the trigger point needling treatment without her informed consent and pierced and destroyed her bones with the needles, causing disabling and permanent pain.