Civil Litigation
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November 13, 2025
Court affirms order requiring Hamilton to pay $5.3M for flooding damage to business
The Ontario Court of Appeal has upheld a finding that the City of Hamilton is jointly liable for $5.3 million in damages after its failure to maintain a drainage channel contributed to repeated flooding at the property of National Steel Car Limited, a rail car manufacturer.
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November 13, 2025
Departing Correctional Services investigator cites frustration with government inaction
The 2024-2025 report of the Office of the Correctional Investigator was tabled in Parliament on Oct. 30, 2025. This report may be one of the most significant ever filed by the correctional investigator, as it addresses issues that are well-known to every lawyer practising prison law. Yet, the findings it presents are often the most overlooked.
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November 13, 2025
From isolation to injunction: Navigating the legal landscape of elder abuse in Ontario
Elder abuse is a critical and underreported public health crisis, significantly exacerbated by factors like social isolation, particularly during the COVID-19 pandemic.
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November 13, 2025
BODIES UNDER REVIEW - Nature of body - Crown - Ministers and their agents - Courts and judicial officers
Appeal by Minister of Justice and Public Safety from Court of King’s Bench judge’s order setting aside reorganized court services plan. The dispute concerned the New Brunswick government’s decision to reorganize court services in the judicial district of Bathurst, in particular by closing the Caraquet courthouse and designating the Tracadie courthouse as a satellite court.
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November 12, 2025
SCC denies requests by AGs & others to make in-person intervener arguments in historic case
The Supreme Court of Canada is denying recent requests from six intervener attorneys general — as well as counsel for The Advocates’ Society and dozens of other intervener groups — to allow them to make their arguments in person in the upcoming historic Bill 21 appeal, Law360 Canada has learned.
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November 12, 2025
Extending the reach of responsibility: Vicarious liability in institutional abuse cases
The doctrine of vicarious liability can be used to hold one party responsible in law for the wrongful acts of another. Vicarious liability, while not a distinct tort, is a legal theory that can be used in civil sexual assault and battery litigation.
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November 12, 2025
P.E.I. seeking input on proposed regulation of combative sports
Prince Edward Island is looking for feedback on proposed legislation to regulate fighting sports in the province. According to a Nov. 10 news release, the provincial government is seeking the public’s input on laws that would regulate professional and amateur combative sporting events in the areas of boxing, kickboxing and mixed martial arts.
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November 12, 2025
Court of Appeal comment on post-judgment interest after settlement
In Rajic v. Spivak, 2025 ONCA 363, the Ontario Court of Appeal was asked to address a dispute arising from a settlement agreement between the plaintiff and his former legal counsel. This decision underscores the importance of clarity in settlement terms, the role of post-judgment interest and the procedural responsibilities of counsel in finalizing settlements.
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November 12, 2025
Shareholder deadlocks: Promoting resolution through unanimous shareholders’ agreements
Disagreements between business partners in owner-managed corporations are inevitable. While these disagreements are often resolved at the business level, there are times when owner-managers cannot reach a consensus and are deadlocked on any given decision. For this reason, unanimous shareholder agreements (USAs) often provide for dispute resolution mechanisms.
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November 12, 2025
Climate litigation, causation and Canadian courts
Causation is a contentious issue in climate litigation, both domestically and internationally. In short, “causation” in this context refers to the nexus between a particular government or private actor’s conduct, or lack of conduct, and the harms alleged to be suffered by the claimants or those they represent.