Civil Litigation
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February 10, 2026
Bona fide purchaser defence available to unsecured creditors in source deduction claims: court
Unsecured creditors can rely on the bona fide purchaser for value defence against Crown claims on proceeds received from the sale of an employer’s property where the employer failed to remit source deductions, the Federal Court of Appeal has ruled.
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February 10, 2026
McLennan Ross welcomes Cody Van de Veen
Cody Van de Veen has joined McLennan Ross at its Edmonton office, where he practises insurance defence and commercial litigation, according to the firm.
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February 10, 2026
Settlement reached in securities class action against cannabis company
The Ontario Superior Court of Justice has certified a securities class action where the parties reached settlement in relation to alleged misrepresentations by a cannabis company.
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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 09, 2026
Appeal Court changes investor class definition in securities class action
The British Columbia Court of Appeal has allowed an appeal in a securities class action, finding the judge should have included an earlier set of investors in the class and should not have made two subclasses.
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February 09, 2026
Woman not entitled to Indian Act status because ancestor withdrew from treaty: Ontario court
Ontario’s top court has ruled that a woman was not entitled to status under the Indian Act because her ancestor withdrew from treaty in the 19th century, but an academic is saying the case raises questions about statutory interpretation that he feels need to be answered by the Supreme Court.
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February 09, 2026
Continued misuse of generative AI in Canadian courts
Despite several judicial admonishments in recent months, the unchecked use of generative AI programs for written submissions has continued in Canadian courts. Recently in Ontario, counsel responding to a motion to dismiss an action for delay filed a factum containing a quote purportedly from a Court of Appeal case that could not be found by opposing counsel or the motion judge. While the cited case existed, the quote that was reproduced in the factum could not be found. When pressed on the issue, counsel confirmed that while certain cases referred to in the factum existed, he did not verify their content by reading them: RSR Road Surface Recycling v. Bonnechere Excavating, 2026 ONSC 698.
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February 09, 2026
Court rules personal guarantees survive despite sale of security to creditor-related party
The Alberta Court of Appeal has upheld a ruling that asset purchase agreements approved in a receivership did not discharge personal guarantees given in respect of a corporate debt, even though the properties securing the debt were sold to an entity related to the creditor.
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February 09, 2026
Recent developments in Canadian class action law: Q4 2025, part one
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. Recent decisions underscore a balanced judicial approach: courts continue to advance class proceedings grounded in coherent legal theories and supported by admissible evidence, while firmly limiting speculative claims, procedural re-litigation and disproportionate results.