Civil Litigation
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January 16, 2026
SCC’s packed winter session features momentous appeal on Charter s. 33 override provision
The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheila Martin, the court’s senior western judge, will retire next spring.
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January 16, 2026
Court allows appeal in case of $3M penalty for undisclosed fee relating to mortgage
The Federal Court has allowed an appeal in a case where a financial institution was fined millions for two violations relating to fee disclosure in a mortgage agreement.
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January 16, 2026
N.B. opening anti-racism office, launching website
New Brunswick’s Liberal government is opening an anti-racism office to promote “equity and inclusion” in the province — and is now stating it has completed a little more than half the recommendations made in a commissioner’s report on the prevalence of systemic racism.
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January 16, 2026
Privacy commissioner investigates social media company due to reports of sexualized deepfake images
Canada’s privacy commissioner is expanding a current investigation into X Corp., the company that operates social media platform X, after reports that the platform’s chatbot is “being used to create explicit images of individuals without their consent.”
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January 16, 2026
Tribunal denies first public-interest Competition Act leave application against Google, Apple
The Competition Tribunal has denied the first application for leave to bring a private case under the Competition Act on public-interest grounds, finding the applicant failed to show a genuine public interest, sufficient evidentiary support, or the capacity to advance a complex competition case.
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January 16, 2026
Taskeen Nawab joins Aird & Berlis as associate
Taskeen Nawab, who was called to the Ontario bar in 2023, has joined Aird & Berlis as a member of the firm’s Indigenous practice and litigation groups.
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January 16, 2026
Ontario Civil Rules Review report calls for binding judicial dispute resolution
In my last article for Law360 Canada, I provided an overview of the Ontario Civil Rules Review (CRR), its Working Group and the Working Group’s final policy report (the Report), which called for, among other things, two reforms to the pre-trial process. That article explored the following reforms:
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January 16, 2026
ABUSE OF LEGAL PROCEDURE OR PROCESS - Malicious prosecution - Want of reasonable and probable cause
Appeal by appellant from the dismissal of his civil action against the respondents. The civil action was for malicious prosecution, negligent investigation, misfeasance in public office, intentional infliction of emotional distress, and Canadian Charter of Rights and Freedoms damages. The appellant was the target of a corruption investigation known as Project Bar District.
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January 15, 2026
Federal Court upholds negative LMIA for trucking employer over recruitment failures
The Federal Court has upheld a negative labour market impact assessment (LMIA) issued by Employment and Social Development Canada (ESDC), finding that the employer failed to justify the need to hire a foreign transport truck driver or demonstrate reasonable efforts to recruit Canadians.
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January 15, 2026
Court finds judge erred in royalties determination relating to B.C. mine
In a dispute regarding a 1986 royalty agreement stemming from production at a B.C. mine, the British Columbia Court of Appeal has allowed an appeal finding the judge erred in his consideration of accounting evidence.