Civil Litigation
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March 23, 2026
The rule of law is under threat for business lawyers too
Our background is in business law. Imagine our surprise when our editor suggested that we write about the rule of law, which you might have heard is currently on life support.
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March 23, 2026
N.B. moves to end limitation period for victims of intimate partner violence dependent on assailant
New Brunswick is proposing legislation that would remove the limitation period for civil claims by victims of intimate partner violence who were dependent on their assailant. A March 18 news release notes there is no civil limitation period to file claims for damages in cases of assault or battery “for acts of a sexual nature” or for “trespass to the person.”
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March 23, 2026
Seismic Bill 21 case draws record counsel & intervener presence at this week’s four-day SCC hearing
This week’s blockbuster Bill 21 appeal at the Supreme Court involves 140 counsel of record — with 64 of them slated to make oral argument over four days on behalf of the 10 main party groups and the record 51 interveners.
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March 23, 2026
Bill C-265 aims to streamline Canada’s Special Access Program
The Special Access Program (SAP) provides a regulatory mechanism under the Food and Drug Regulations, Part C, Division 8, sections C.08.010 and C.08.011, and the Food and Drugs Act, allowing practitioners to request access to drugs not authorized for sale in Canada.
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March 20, 2026
National security regime applies to litigant-generated information: Federal Court
The Federal Court has clarified that the national security confidentiality regime under s. 38 of the Canada Evidence Act (CEA) applies to information generated by a private litigant and partially granted a non-disclosure order over documents in a $5-billion fraud case involving a former Saudi official.
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March 20, 2026
B.C. boosts compensation for intimate-image abuse victims
British Columbia is increasing compensation limits for people who have had their intimate images shared without their consent. Victims can now seek as much as $75,000 in compensation through the Civil Resolution Tribunal (CRT) with amendments to the Intimate Images Protection Act now in effect.
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March 20, 2026
‘Strict enforcement’ arbitration clauses don’t limit jurisdiction to interpret
Applications to set aside international arbitral awards frequently reflect a familiar dynamic. As no appeal on the merits is available, applicants often recast complaints about the tribunal’s conclusions as jurisdictional error or procedural unfairness. Respondents, in turn, characterize such efforts as impermissible appeals in disguise. Courts are therefore tasked with maintaining a careful balance: exercising a limited supervisory role while preserving arbitration’s defining features of finality, efficiency and expert adjudication.
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March 20, 2026
Regulatory review vs. on-field decisions: CAF appeal board rules Senegal forfeited 2025 AFCON final
On Jan.18, 2026, Senegal seemingly triumphed over Morocco 1-0 in a tightly contested championship final of the 2025 Africa Cup of Nations (AFCON). However, nearly two months to the day after the match was played, Morocco has now been crowned champions and Senegal deemed to have forfeited the match following a decision from the Confederation of African Football (CAF) appeal board.
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March 19, 2026
Five associates join Stikeman Elliott’s Montreal office
Stikeman Elliott has added five associates to its Montreal office.
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March 19, 2026
Court dismisses appeal of breached property sale for environmental contamination
The British Columbia Court of Appeal has dismissed a real estate appeal involving a purchase agreement dispute, upholding an order of more than $2 million against the appellant for breach of contract despite her claim that the property was environmentally contaminated.