Civil Litigation
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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.
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February 09, 2026
CIVIL PROCEDURE - Service - Judgments and orders - Default judgments - Setting aside
Appeal by appellant from an order setting aside a default judgment and subsequent damages assessment. The appellant obtained default judgment for damages to be assessed and an order assessing damages at $150,000 after the respondent failed to file a response to a civil claim. The respondent later applied to set aside both orders, and the application was heard in the appellant’s absence.
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February 06, 2026
Lawyers charged with crimes may claim ‘innocence at stake’ to pierce solicitor-client privilege: SCC
The Supreme Court of Canada has upheld 7-2 the acquittal of a Saskatchewan criminal defence counsel charged with attempting to obstruct justice, ruling for the first time that lawyers charged with a crime may invoke the “innocence at stake” exception to solicitor‑client privilege to seek access to their client’s privileged communications for use in their own defence.
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February 06, 2026
10 new partners appointed for 2026 at Dentons Canada
As of Feb. 1, 10 lawyers will be added to the partnership at Dentons Canada, says a release on the firm’s website.
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February 06, 2026
Fasken welcomes lawyer to its Canada, U.K. offices
This week, Fasken announced that Timothy St. John Ellam, K.C., has joined the firm as senior counsel in the litigation and dispute resolution group.
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February 06, 2026
B.C. appoints 12 new sheriffs to provincial courthouses
B.C. has announced that 12 new sheriffs will be posted to provincial courthouses in communities across the province.
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February 06, 2026
B.C. launches free platform for virtual court services help
B.C. has introduced a new centralized virtual counter service for people to receive free help and advice in navigating the court system from anywhere in the province.
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February 06, 2026
Justice Lauwers urges swearing in self-represented litigants when submissions amount to evidence
Justice Peter Lauwers of the Ontario Court of Appeal has recommended that self-represented litigants who make submissions that amount to evidence be sworn in, placed in the witness box and made subject to immediate cross-examination.