Civil Litigation
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January 08, 2026
SCC’s dual approach to arbitration: Competitive advantage or hidden risk?
The Supreme Court of Canada has never agreed to review an arbitral-related judicial decision after a provincial appellate court has made its ruling. While the SCC is willing to shape the law of arbitration agreements, it has dismissed leave applications in cases primarily focused on reviewing an arbitral award. This difference is quite notable.
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January 08, 2026
An update on copyright, industrial design and breach of confidence developments in 2025, part two
The past year has brought a wave of developments in copyright, industrial design and breach of confidence law, driven in part by the rapid evolution of generative AI and shifting regulatory landscapes. This is the second part of a two-part series of notable decisions, legislative trends and policy shifts shaping this environment in 2025.
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January 08, 2026
CIVIL PROCEDURE - Striking out pleadings or allegations - Failure to disclose a cause of action or defence
Appeal by Nazeer from decision of a judge striking his statement of claim against several government officials and Ombudsman staff. Nazeer alleged that the failure of his two businesses, one being a hotel in Theodore and the other a pizza restaurant in Foam Lake was caused by the refusal of the Government Defendants to allow him to recruit foreign workers under the Saskatchewan Immigrant Nominee Program.
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January 07, 2026
B.C. Court of Appeal overturns $12M intermediary fee in cattle ranch deal
The B.C. Court of Appeal has overturned a $12-million award to an intermediary in a cattle ranch acquisition, ruling that while the parties agreed on services and other terms, the absence of agreement on price defeated enforcement of an alleged oral contract.
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January 07, 2026
Some new year’s thoughts on family law
“The more things change, the more they stay the same.” This famous saying attributed to the French writer Jean-Baptiste Alphonse Karr has been considered by many. Is it so simple? Does nothing really change or is it more thought-provoking: does superficial change often mask unchanging circumstances?
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January 07, 2026
SECURITIES COMMISSIONS - Investigations and examinations
Appeal by Binance Holdings Limited from investigation decisions by the Ontario Securities Commission and the Divisional Court. The Commission launched an investigation into Binance’s business relating to alleged violations of the Securities Act, which included trading in securities without registration or exemption.
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January 07, 2026
An update on copyright, industrial design and breach of confidence developments in 2025
The past year has brought a wave of developments in copyright, industrial design and breach of confidence law, driven in part by the rapid evolution of generative AI and shifting regulatory landscapes. This update highlights notable decisions, legislative trends and policy shifts shaping this environment in 2025.
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January 06, 2026
Ontario Superior Court dismisses motion to reduce construction lien security
The Ontario Superior Court has dismissed a motion to reduce lien security on two construction projects, ruling that the developer and construction manager failed to establish that the quantum of liens claimed by a mechanical subcontractor was excessive or improper.
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January 06, 2026
Ontario Civil Rules Review working group calls for expansion of mandatory mediation
The Civil Rules Review (CRR) was launched in 2024 as a joint initiative of the chief justice of the Ontario Superior Court of Justice and the province’s Attorney General. The CRR’s mandate was to propose wholesale reforms to the Rules of Civil Procedure (the Rules), which were last overhauled in 1985, so that the civil justice system is more accessible and to reduce costs and delays.
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January 06, 2026
The problems of Nazi-looted possessions sold at auctions
Just as you are enjoying that beautiful impressionist painting on your wall and sitting comfortably on that Louis XV chaise longue, a letter arrives from a well-known auction house informing you that both the painting and the chaise longue may have been looted during the Second World War. How is that possible? You bought both objects at that same impeccable auction house, which is now informing you that their provenance research was not watertight after all.