Civil Litigation
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October 01, 2025
Court of Appeal upholds termination clause
In what is likely the beginning of the tide turning toward the protection of thoughtfully drafted termination clauses that seek to limit exposure to common law damage assessments, the Ontario Court of Appeal recently upheld a termination clause in Bertsch v. Datastealth Inc., 2025 ONCA 379.
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October 01, 2025
CIVIL PROCEDURE - Actions - Causes of action - Tort v. contractual - Parties - Adding or substituting
Appeal by Pro-Dive of the trial judge’s discretionary order dismissing Pro-Dive’s application to add TechnipFMC Canada Ltd. James Hynes sued Professional Diving Contractors Limited and David Squires for making defamatory statements about him and intentionally interfering with his contractual and economic relations with Technip.
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September 30, 2025
Federal Court of Appeal revives RCMP mental health services negligence class action
The Federal Court of Appeal has revived a proposed class action alleging systemic negligence in the RCMP’s delivery of mental health care, ruling the Federal Court erred in finding plaintiffs conceded that the claims of class members were barred under the Crown Liability and Proceedings Act (CLPA).
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September 30, 2025
‘Claim should not be struck just because it has not yet been recognized’: Ontario Appeal Court
Ontario’s top court has given the green light to a case that will test whether psychiatrists owe a duty of care to people other than their patients.
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September 30, 2025
Kathleen Bolger joins McCague Borlack as associate
McCague Borlack has announced that, after summering and articling with the firm, Kathleen Bolger has returned as an associate in its Ottawa office.
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September 30, 2025
CONTRACT OF EMPLOYMENT - Express terms - Arbitration and mediation
Appeal by the appellants from chambers judge’s order. The respondent commenced an action against his employer, the appellants which sought to recover unpaid bonuses and commissions he claimed were owed to him according to two annual incentive plans offered to him.
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September 29, 2025
Court partially allows appeal of contempt ruling in $5M dispute
The Alberta Court of Appeal has found a chambers judge erred in finding contempt in relation to 10 undertakings that were requested of an appellant, in a case where parties claimed and counterclaimed for $5 million. In addition, it noted the use of a large language model (LLM) by counsel that had incorrect citations.
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September 29, 2025
B.C. court rejects 25% property claim over decades-old conditional promise
The B.C. Supreme Court has rejected a claim to 25 per cent of the proceeds from a property sale, brought by individuals whose father had been promised a quarter share of the land if it had been successfully subdivided.
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September 29, 2025
Jennifer Price joins Woods as litigator
Woods has announced that Jennifer Price has joined its team in Montreal.
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September 29, 2025
Ontario to raise small claims court monetary limit to $50,000
As a litigation associate, I have come to appreciate that big challenges do not always involve large sums. My experience in handling a broad range of commercial, insurance and collections disputes in Ontario’s small claims court has taught me that claims with smaller monetary amounts can present legal and factual complexities comparable to those in the regular stream of the Ontario Superior Court of Justice.