Civil Litigation
-
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).
-
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.
-
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.
-
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.
-
October 30, 2025
New Brunswick considering changes to Wills Act
New Brunswick is planning changes to legislation governing wills to give judges more room to interpret them, create greater clarity on the law by getting rid of old rules and allow 16-year-olds to officially document their last wishes.
-
October 30, 2025
Court denies certification of proposed Facebook data breach class action
The Ontario Superior Court of Justice has denied the certification of a proposed class action alleging data breaches by Facebook due to an unworkable class definition.
-
October 30, 2025
Court provides detailed analysis of income determination for corporate shareholders
Justice Briana Hardwick of the British Columbia Supreme Court, formerly highly respected family law counsel, released her Reasons in S.D.N. v. E.G.N., 2025 BCSC 1994 on Oct. 10, a treatise on the determination of income of a party who is a majority shareholder of multiple corporations, in the context of a child support application.
-
October 30, 2025
When the internet refuses to forget: Canada’s stand against X and global duty of care
In September 2025, an unassuming British Columbia tribunal did something that sent tremors through the digital world. It fined X (formerly Twitter) $100,000 for refusing to permanently remove a non-consensual intimate image. The fine itself, albeit modest in size, was hardly the point. What mattered was the poignant message: in Canada, the right to dignity online is not negotiable.
-
October 30, 2025
Black magic and black letter: Legal tales of witchcraft, ghosts and haunted houses
It was not a dark and stormy night. It was actually a pleasant fall morning, and I probably should have been entering my dockets. But the Halloween spirit was in the air, and it moved me to see what Canadian law has to say about the occult. Read on if you dare. I promise there won’t be anything as frightening as the Income Tax Act.
-
October 29, 2025
Federal Court dismisses DHL’s $4.6M action against Rona for ending shipping deal
The Federal Court has dismissed a $4.6-million action brought by DHL against furniture retailer Rona over the latter’s decision to terminate a block space shipping agreement, finding the contract formed part of a broader transportation deal that permitted termination on 30 days’ notice.