Civil Litigation
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March 04, 2026
Failure of ongoing duties results in lawyer being removed
The removal of a party’s counsel of choice during litigation is a remedy granted only in exceptional circumstances. In some cases, an order removing counsel is issued because of a conflict of interest that has arisen with their own client or another party in the litigation, or because the lawyer or another member of their firm will be a material witness at trial.
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March 04, 2026
Lavery welcomes Catherine Couture
Lavery has added Catherine Couture as a lawyer in its civil and commercial litigation group in Montreal.
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March 04, 2026
Federal Court of Appeal overturns Tax Court on GAAR and non-CCPC planning in Canada v. DAC
On Feb. 20, the Federal Court of Appeal released its decision in Canada v. DAC Investment Holdings Inc., 2026 FCA 35 (DAC), overturning the Tax Court of Canada’s conclusion that a corporate continuance undertaken to exit the Canadian-controlled private corporation (CCPC) regime did not constitute abusive tax avoidance.
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March 03, 2026
Judge warns against routine ‘do-not-hear’ requests in stay motions
The Federal Court has sent a message to the immigration bar that “do-not-hear” letters by federal government lawyers, which seek to block special court hearings to stay the removal of foreign nationals from Canada, should be reserved for abuse of process and other “clear” cases because such requests risk “miscarriages of justice and may be a waste of scarce judicial resources.”
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March 03, 2026
Court upholds decision finding landlord repudiated lease with flower shop
The Ontario Court of Appeal has upheld a decision finding that a landlord repudiated its agreement with a tenant flower shop by denying it access to loading docks outlined in the lease.
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March 03, 2026
Ontario law society mandates Indigenous cultural competency course
Law Society of Ontario (LSO) benchers have narrowly approved a mandatory Indigenous cultural competency course for all lawyers and paralegals, despite concerns it could lead to a repeat of the statement of principles drama that engulfed the law society several years ago.
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March 02, 2026
Canada maintains pre-merger notification threshold at $93M this year
The Competition Bureau announced on March 2 that Canada’s pre-merger notification threshold will remain at $93 million in 2026, following the requisite annual review and decision by Minister of Industry Mélanie Joly.
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March 02, 2026
Absolute privilege stops lawsuits based on use of intimate video at case conference
The doctrine of absolute privilege provides a complete defence for actions that arise out of “anything said or done by anybody in the course of judicial proceedings whatever the nature of the claim made in respect of such behaviour or statement.”
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February 27, 2026
Court upholds dismissal of trademarks for confusion with Hershey’s Kisses
The Federal Court of Appeal has dismissed a chocolate company’s appeal arguing that SWISSKISS trademarks it sought to register would not be confused with Hershey’s Kisses.
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February 27, 2026
The risks of endorsements: Ambiguity of policy in Emond v. Trillium Mutual Insurance Co.
In part one (The risks of endorsements: Emond v. Trillium Mutual Insurance Co.), we discussed the background of the coverage dispute in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3, and identified and analyzed the dissenting finding of Justice Andromache Karakatsanis and Justice Suzanne Côté that the policy was ambiguous. In part two we continue the discussion of Justices Karakatsanis and Côté’s finding.