Civil Litigation
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June 11, 2025
Nova Scotia Court of Appeal allows amendments in insurance case involving collapsed crane
The Nova Scotia Court of Appeal has allowed contractors to amend their defences after learning about an existing policy in an insurance case where a crane fell during a hurricane.
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June 11, 2025
Expanded Supreme Court registry services now available in Port Coquitlam, B.C.
The province of British Columbia has announced that residents of its Tri-Cities region (which includes Port Coquitlam, Coquitlam and Port Moody) now have improved access to court services with the opening of a fully equipped Supreme Court registry at the Port Coquitlam courthouse.
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June 11, 2025
Employer has duty to investigate both incidents and complaints of harassment: Ontario Appeal Court
Ontario’s highest court has ruled that an arbitrator was wrong to reinstate five Metrolinx employees accused of sexual harassment, saying the company was statutorily obligated to investigate the situation even in the absence of a formal complaint.
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June 11, 2025
When the gatekeeper fails: Lessons from California’s botched 2025 bar exam
In February 2025, the State Bar of California conducted what was supposed to be a streamlined, cost-efficient bar examination — an experiment in modern legal licensure. Instead, it devolved into one of the most publicized failures of professional credentialing in recent memory. As lawyers in Ontario and across Canada observe an evolving conversation around lawyer competence and access to the profession, California’s case serves as a stark warning about the dangers of opaque governance, overreliance on private contractors and the erosion of professional oversight in legal licensing.
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June 11, 2025
Judicial scarcity and Civil Rules Review: We can’t get there from here without more judges
The Civil Rules Review Phase 2 (CRR) states: “There is consensus that the problem of access to timely and affordable civil justice has only gotten worse since Hryniak, particularly following the Supreme Court’s decision in R. v. Jordan” (Hryniak v. Mauldin, [2014] 1 S.C.R. 87; R. v. Jordan, [2016] 1 S.C.R. 631).
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June 11, 2025
Questions regarding taxable versus exempt supplies put to rest in Medsleep decision
As per the lengthy decision of the Tax Court of Canada in Medsleep Inc. v. The King, 2025 TCC 70 (Medsleep), the Canada Revenue Agency (CRA) unsuccessfully attempted to recharacterize a GST/HST-exempt supply into a partially non-exempt supply, thereby increasing the tax owing.
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.
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June 10, 2025
N.W.T. court stays legal proceedings in favour of arbitration, despite unsigned contract
A Northwest Territories Supreme Court judge has sent a construction dispute involving the Inuit land settlement authority to arbitration, even though the contract stipulating arbitration was never signed.
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June 10, 2025
Court dismisses leave to amend in case by Tim Hortons franchisees
The British Columbia Supreme Court has dismissed a leave application in a case involving a Tim Hortons franchise because proposed amendments were poorly drafted.
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June 10, 2025
Ontario Court of Appeal to decide worker liability for safety violations without direct fault
Ontario’s top court has agreed to hear an appeal over whether a worker can be held liable for safety violations under the Occupational Health and Safety Act (OHSA) in relation to an accident, even where there is no evidence that their own actions caused the accident.