Personal Injury
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February 10, 2026
Federal listing of plastic manufactured items as ‘toxic’ may soon land on top court’s steps
The Federal Court of Appeal’s recent judgment that Ottawa reasonably added plastic manufactured items to the federal list of “toxic” substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA), enabling the regulation of single-use plastics under s. 93 of the Act, may soon head to the Supreme Court of Canada.
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February 10, 2026
Recent developments in Canadian class action law: Q4 2025, part two
As we discussed in the first article (see below for link) of this two-part series, the final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions in eight important decisions. We covered three of the eight key decisions from the Supreme Courts of Canada, Ontario and British Columbia in the first article, and we will now discuss the remaining five.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
CIVIL PROCEDURE - Appeals - Grounds for review - Misapprehension of or failure to consider evidence
Appeal by Lungu from chambers judge’s summary dismissal of her negligence claims. This appeal arose from a medical malpractice action involving a trigger point needling treatment performed by Dr. Cabrita, a medical doctor specializing in physiatry. Lungu alleged that Dr. Cabrita performed the trigger point needling treatment without her informed consent and pierced and destroyed her bones with the needles, causing disabling and permanent pain.
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 02, 2026
Court to consider $60M settlement for Ontario training schools abuse class action
The Ontario Superior Court is set to consider a $60-million agreement to settle a class action concerning allegations that children held in Ontario’s youth detention facilities, also known as training schools, were subjected to a toxic environment as well as physical, sexual and psychological abuse.
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January 30, 2026
SCC gives guidance on interpreting insurance contracts, interplay of endorsements & exclusions
Elaborating on how to interpret insurance contracts, the Supreme Court of Canada dismissed 7-2 the appeal of two homeowners who sought to compel their insurer to fully pay for rebuilding their flood-destroyed house, despite an exclusion for “compliance costs” and the ancillary exception that caps the compliance costs payout at $10,000 “for the increased cost of demolition, construction, or repair to comply with any law regulating the zoning, demolition, repair or construction of any insured buildings.”
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January 30, 2026
Ontario court orders new law licence review for man who admitted to sexually abusing children
Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.
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January 28, 2026
Before the doctor called back, the algorithm answered: AI and health care information
It always starts the same way. A report. A result. A line of text that feels heavier than it should. Numbers that mean something; just not to you. You tell yourself you’ll wait. You tell yourself not to panic. And then, because waiting is the hardest thing of all, you open your laptop.