June 02, 2026
The inadvertent disclosure of a privilege document by one side to another during litigation has been likened by one motion judge to the transmission of an infection: “[T]he more quickly it is contained, the easier it may be to eradicate its harmful effect” (White v. 123627 Canada Inc. (c.o.b. Algonquin Petro Canada), 2014 ONSC 2682).
June 02, 2026
The authority of a court is commonly associated with its majority decision. It is the majority judgment that resolves disputes, establishes binding precedent and shapes the law of the day. Yet history repeatedly demonstrates that some of the most influential judicial opinions were not written by those who prevailed, but by those who stood alone. The dissenting judgment occupies a unique place within the common law tradition. It is the conscience of the court, the safeguard against intellectual complacency and often the blueprint for future legal reform.
June 01, 2026
The Federal Court has dismissed a motion by JTI-Macdonald Corp. to compel the disclosure of additional records in its challenge to the federal tobacco cost-recovery regime, reaffirming that Rule 317 of the Federal Courts Rules is not a discovery mechanism.
June 01, 2026
As Ontario’s innovation ecosystem becomes increasingly competitive and technology-driven, intellectual property (IP) has emerged as a critical business asset rather than merely a legal consideration. While many companies invest heavily in product development, software, branding and research, relatively few take proactive steps to identify, protect and commercialize the intangible assets they create.
June 01, 2026
According to a recent survey by the Office of the Privacy Commissioner of Canada (OPC), nearly “three-quarters of businesses are highly aware of their privacy responsibilities, and two-thirds are highly prepared to respond to a data breach involving personal information.”
June 01, 2026
The Quebec Superior Court has set aside a decision of a labour arbitrator because the arbitrator’s reasons were written with the assistance of artificial intelligence: Assn des ressources intermédiaires d’hébergement du Québec (ARIHQ) c. Santé Québec - Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l’Île-de-Montréal, 2026 QCCS 1360.
May 29, 2026
The Ontario Superior Court of Justice has awarded $22.5 million in a class action against a Toronto plastic surgeon who had surveillance cameras throughout his clinic but did not inform patients or staff.
May 28, 2026
The B.C. Court of Appeal has quashed an appeal by Janssen Inc. and Johnson & Johnson in the province’s opioid health-care cost recovery class action, ruling that orders concerning discovery from class members are not appealable as of right.
May 28, 2026
The Federal Court has refused to grant summary judgment in a class action concerning allegations claiming physicians conducting mandatory pre-employment medical examinations for RCMP applicants committed sexual assaults and other misconduct over more than four decades.
May 28, 2026
Some progress has been made toward modernizing the Government of Canada’s federal procurement system. Achieving maximum efficiency has taken on heightened urgency as the federal government prepares to expand military procurement to unprecedented levels.