Civil Litigation

  • August 06, 2026

    Ontario decision determines transfer by corporate property owner not a fraudulent instrument

    The Ontario land titles registry was designed to promote certainty and reliability in real estate transactions. A potential buyer is generally entitled to rely on what is reflected in the registered title (known as the “mirror principle”) and, unless they have notice of competing claims, they should be able to acquire title without investigating past dealings or private disputes that may exist behind the registered ownership (known as the “curtain principle”).

  • August 06, 2026

    When a red card isn’t the end: FIFA’s Balogun decision explained

    After spending several days considering how the United States’ men’s national team would adapt to missing their top scorer following a controversial red card, the footballing world learned that Folarin Balogun’s one-match suspension had been suspended by FIFA’s disciplinary committee, and that he would be eligible to play in the Round of 16 match against Belgium on July 6.

  • August 05, 2026

    Solicitor-client-privileged advice not a registerable ‘foreign influence activity’: commissioner

    Foreign Influence Transparency Commissioner Anton Boegman has issued guidance about when “licensed legal professionals” are required to register their work for foreign principals as “influence activities” in the new public foreign influence registry. The new commissioner issued five interpretation bulletins — including one specifically for lawyers — to give guidance on how to comply with the obligations under the Foreign Influence Transparency and Accountability Act (FITAA) and its regulations, which came into force Aug. 4.

  • August 05, 2026

    Ontario auto insurance changes leave public facing gaps in coverage, lawyers say

    Lawyers are saying Ontario’s recent overhaul of standard auto insurance coverage is leaving potential accident victims exposed to major gaps in benefits — a situation they may not be aware of. As of July 1, the only statutory accident benefits (SABs) automatically included in Ontario’s standard automobile policy are medical, rehabilitation and attendant care benefits.

  • August 05, 2026

    Shimon Sherrington joins BD&P’s litigation group

    Shimon Sherrington has joined BD&P as an associate in its commercial litigation and dispute resolution group in Calgary.

  • August 05, 2026

    Court orders new trial as plaintiffs denied opportunity to address unpleaded defences

    The Ontario Court of Appeal has ordered a new trial in a collection action, finding that the trial judge relied on two unpleaded defences to dismiss the case without giving the plaintiffs a meaningful opportunity to respond.

  • August 05, 2026

    Five noteworthy Ontario class action decisions from Q2 2026

    This past quarter featured several Ontario decisions refusing stays of parallel and individual actions. Courts also considered competing approaches to the predominance test, allowed failure-to-warn and recall-notice claims involving allegedly flawed product designs to proceed and varied an unpaid costs award to make plaintiff’s counsel personally liable.

  • August 05, 2026

    MAINTENANCE AND SUPPORT - Spousal support - Settlements - Variation or amendment of orders - Changed circumstances

    Appeal by appellant from an order dismissing his application to reduce spousal support payable under a separation agreement. The parties separated after a long marriage during which the appellant was the primary income earner and the respondent was a stay-at-home parent.

  • August 05, 2026

    Statutory privative clauses are dead

    A unanimous decision of the Supreme Court of Canada has struck down a privative clause that restricted the grounds for judicial review of an exercise of statutory authority: Democracy Watch v. Canada (Attorney General), 2026 SCC 28.

  • August 04, 2026

    Court approves federal government data breach class action settlement

    The Federal Court has approved a class action settlement relating to alleged privacy breaches of Government of Canada online accounts, including the Canada Revenue Agency’s “My Account” and “Represent a Client” accounts, My Service Canada accounts and other accounts accessed using GCKey.

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