Civil Litigation
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November 03, 2025
Ontario court orders new trial in doctors’ exam dispute
A group of internationally trained physicians will get a second chance to argue they were incorrectly failed in their Canadian qualification exams after Ontario’s top court ruled the trial judge did not properly analyze their claim.
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November 03, 2025
Quebec justice system in crisis
Quebec’s beleaguered justice system, already reeling under the weight of chronic underfinancing and an acute personnel shortage, is showing “alarming signs” of a gradual paralysis, prompting the province’s main legal players to call on the provincial government to put a halt to belt-tightening measures.
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November 03, 2025
CIVIL PROCEDURE - Appeals - Standard of review - Correctness
Appeal by Nuera Platinum Construction Ltd and Over & Above Reno and Contracting Ltd. from chambers judge’s dismissal of their claim for long delay. The genesis of this dispute was a property fire that occurred during a construction project on a property owned by Center Street Limited Partnership.
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November 03, 2025
From Aroma to Dhaliwal: Lessons on arbitrator’s contracts in ad hoc arbitration, part two
As we discussed in the first article of this two-part series, the culture of ad hoc arbitration remains stronger than institutional arbitration in Canada. The Ontario Court of Appeal’s recent decision in Dhaliwal v. Richter International Ltd., 2025 ONCA 522 (Dhaliwal), released on July 15, 2025, once again brought Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., 2024 ONCA 839 (Aroma) back into focus.
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October 31, 2025
Court defers issues to arbitration in police workplace harassment class action
In a proposed class action alleging systemic gender discrimination by municipal police forces, the Supreme Court of British Columbia has ruled that claims by current Surrey, B.C., employees must proceed through arbitration.
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October 31, 2025
My critique of Clare’s Law
Clare’s Law is a policy developed to notify a person if their current or ex-partner has any previous history of domestic violence or abusive behaviour. The policy was named after Clare Wood, a British woman who was murdered by her abusive ex-boyfriend in 2009.
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October 31, 2025
Wearing different hats: Takeaways from Mikelsteins v. Morrison Hershfield Ltd.
To incentivize and retain key employees, employers often reward them with an option to acquire shares in the employer corporation. As a condition to exercising the option, the employees are typically required to enter into a unanimous shareholders’ agreement (USA).
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October 31, 2025
CIVIL PROCEDURE - Pleadings - Amendment of - Statement of claim - Striking out pleadings or allegations
Appeal by Cary Tarasoff from a decision of Chambers judge granting an application by the City of Saskatoon to strike his statement of claim.
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October 30, 2025
Court slashes lawyers’ $510M contingency fee in $10B Robinson Huron settlement to $40M
The Ontario Superior Court has slashed legal fees for the lawyers who obtained a $10-billion settlement for certain First Nations under the Robinson Huron treaty, reducing their compensation from $510 million to $40 million.
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October 30, 2025
Exclusive: Chief Justice Crampton reflects on Federal Court’s successes and ongoing challenges
As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.