Civil Litigation

  • September 21, 2026

    Ishmeet Juneja returns to Robins Appleby

    Ishmeet S. Juneja has returned to Robins Appleby as an associate in its litigation and dispute resolution group in Toronto after previously summering and articling with the firm.

  • September 21, 2026

    Ontario Court of Appeal addresses insufficient notice of liability, orders new trial

    The Ontario Court of Appeal has ordered a new trial for Jonathan Massicotte after finding that he was convicted of second-degree murder on a theory of liability about which his trial counsel had not received sufficient notice (R. v. Massicotte, 2026 ONCA 526).

  • September 21, 2026

    CIVIL PROCEDURE - Appeal as of right - Bar or loss of right to appeal - Quashing or dismissal of

    Application by Janssen Inc. and Johnson & Johnson (collectively, Janssen) to cancel an order quashing their appeal. The application arose in the context of a class proceeding commenced by the Province of British Columbia (Province) on behalf of itself and the federal, provincial, and territorial governments to recover health care, pharmaceutical, and treatment costs relating to prescription opioids.

  • September 18, 2026

    Ottawa to establish chief firearms officer for territories

    Canada’s government has created a firearms boss to serve the country’s three northern territories. On Sept. 17, Public Safety Canada announced that Ottawa has established a “dedicated” chief firearms officer (CFO) for the Yukon, Northwest Territories and Nunavut.

  • September 18, 2026

    B.C. Appeal Court orders new trial over perjury in mine royalty dispute

    The British Columbia Court of Appeal ordered a new trial after finding that a party’s deliberate false evidence about a key witness’s neutrality might have tipped the scales in a long-running dispute over a Thai potash-mine royalty interest.

  • September 18, 2026

    Ontario Court of Appeal updates framework for leave to appeal Divisional Court decisions

    The Ontario Court of Appeal has updated the framework for leave to appeal Divisional Court decisions, clarifying that the grant of leave turns on whether an appeal raises an arguable question of public importance, regardless of whether the lower court exercised original or appellate jurisdiction.

  • September 18, 2026

    SCC elaborates analysis, process for voiding federal election results over election ‘irregularities’

    The Supreme Court of Canada has shed light on how to apply the Opitz test and determine whether a federal election result should be annulled when it is challenged on the basis that “irregularities” affected the election result.

  • September 18, 2026

    Raising the white flag on the battlefield of legal AI interpretation

    In the previous article, “Clashing swords over the black box of AI legal interpretation,” we looked at the problems with treating AI as if it can “think” or “reason” in the requisite sense. We also examined the controversy over using AI to determine “ordinary meaning.” This time, we shift the focus from what AI cannot do to what it can.

  • September 18, 2026

    Lavery welcomes 3 lawyers in Montreal

    Lavery has added three lawyers in Montreal: Jean-François Bigras in its family law group, Nicolas Bonhomme in litigation and dispute resolution, and Natalia Leon in labour and employment law.

  • September 18, 2026

    Coyote vs. Acme: Small law up against big, know-it-all clients — every lawyer’s nightmare

    I just saw a movie about the law rivalling classics such as Witness for the Prosecution, 12 Angry Men and To Kill a Mockingbird. Rotten Tomatoes gives it a rating score of 95 per cent. It’s all the rage now. Get your popcorn out. I’m talking about Coyote vs. Acme. Beep beep!

  • September 18, 2026

    ELECTIONS - General elections - Contested and controverted elections - Mistakes or misconduct by election officials or officers

    Appeal by appellant from a judgment of the Quebec Superior Court which dismissed her application to contest the federal general election held on April 28, 2025. Following a judicial recount, Auguste became a Member of Parliament for the electoral district of Terrebonne.

  • September 18, 2026

    Nova Scotia murder appeal: Scheduling, procedures should not eclipse justice

    A criminal conviction is not an ordinary judgment. It can take away a person’s liberty for years, and in the most serious cases, for life. That is why there is a strong argument that when reasonable grounds exist to challenge a conviction or sentence, no limitation period should prevent a court from hearing the challenge.

  • September 17, 2026

    LSO unsure Convocation overhaul will be in place for 2027 election

    The Law Society of Ontario is still unsure whether provincial legislation required to reduce the size of Convocation will be in place before the regulator’s next bencher election in April 2027.

  • September 17, 2026

    N.B. releases ‘What We Heard’ report on reviewing tenancies legislation

    Those in New Brunswick’s residential tenancies sector are concerned about a lack of clarity in the rules around rent increases, evictions, repairs and dispute resolution, according to a new survey.

  • September 17, 2026

    Audrey Boctor appointed to Quebec Court of Appeal

    Justice Audrey Boctor has been appointed a puisne judge of the Court of Appeal of Quebec in Montreal.

  • September 17, 2026

    New OBA president Moktar wants lawyers to ‘Be Sure’ of support amid challenges

    Informed by her experience fleeing civil war in Somalia as a child, Mariam Moktar, the new president of the Ontario Bar Association (OBA), says she wants to help lawyers find certainty, clarity and comfort as they navigate rapid change in the profession.

  • September 17, 2026

    Negotiating severance in Ontario after the Baker decision

    The hardest employment mediations I run are rarely hard because the law is complicated. They are hard because one side, sometimes both, arrives committed to a position the law no longer supports. Once a client has been told its case is strong, it is difficult to accept a different assessment later, even after an appellate court has shifted the ground.

  • September 17, 2026

    A new take on the Ontario courts’ practice directions

    There was a time when a family law client needed a parenting schedule, support or the sale of the home, so you typed out a notice of motion and an affidavit. Your client swore it was true. You filed it. A judge read it, heard argument, and it all was sorted out before lunch.

  • September 17, 2026

    Charter protection is for everyone: Corrections system must address transgender situation

    A lawsuit brought by Jeffrey Hartman, a partner in the Toronto law firm Lockyer, Zaduk Zeeh, concerns an alleged incident at a federal institution in Ontario and raises an uncomfortable question for the correctional system: how should prisons accommodate transgender inmates while maintaining the safety, security and privacy of everyone in their care?

  • September 16, 2026

    Court denies appeal for sequencing matters in Telus securities class action

    The B.C. Court of Appeal has dismissed an appeal in a proposed class action against Telus, finding that the judge did not err in ordering a petition on secondary market misrepresentation and the certification application to be heard sequentially.

  • September 16, 2026

    Privacy, information regulators focus on transparency, accountability at AGM

    This week, federal, provincial and territorial privacy and information commissioners and ombuds met in Ottawa to “explore ways to continue to foster public trust in democratic institutions through transparency, privacy protection and independent oversight.”

  • September 16, 2026

    Ontario Court of Appeal rejects set-off against contempt costs

    The Ontario Court of Appeal has upheld a lower court decision refusing to allow a contemnor to set off a contempt costs award against costs his companies received after the court found that their s. 7 Charter rights had been violated in the contempt proceedings.

  • September 16, 2026

    Pierringer settlements should not become windfalls for non-settling defendants

    Partial settlements are intended to narrow litigation, reduce risk and encourage resolution. But when one defendant settles under a Pierringer agreement and the plaintiff later succeeds at trial against a non-settling defendant, a second dispute can arise: how much of the pretrial settlement should be credited against the judgment?

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 16, 2026

    Completing purchases in a falling condo market, part two

    The first part of this article examines the reasons why purchasers of newly built proposed condominium units are particularly susceptible to being caught in a falling market. The challenges currently faced by many such purchasers, in a climate where prices are lower than they were at the time of executing the purchase agreement, are unusual but not unique. What are the options for a purchaser in regard to an upcoming closing of a proposed condominium unit from a declarant, where the market value of the unit is significantly less than the price set out in the purchase agreement? While there is no “silver bullet” solution to the problem, here are some thoughts:

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