Civil Litigation
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April 08, 2026
Ford government’s ‘special economic zone’ law facing constitutional challenge
Ontario’s controversial legislation allowing it to fast-track infrastructure projects is facing a constitutional challenge. A coalition of public interest and environmental groups is saying the Special Economic Zones Act (SEZA), which allows the province to establish areas where infrastructure and resource developments are exempt from provincial or municipal laws that might otherwise apply, violates s. 92 of the Constitution Act, 1867, which grants the legislature exclusive power to make laws.
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April 08, 2026
U.S. decision suggests using generative AI may endanger privilege
Only three years after its release, one prominent AI platform is being used by more than 800 million people every week. — Justice J.S. Rakoff, United States District Court
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April 08, 2026
The rule of law is not a given
Most of us who have grown up in Canada, whether we realize it or not, have always taken the rule of law for granted. We never really thought about it, or what it even was, but that is precisely the point. It has always just been there, like oxygen. You don’t think about oxygen until you have trouble breathing. We as a society are now having trouble breathing.
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April 07, 2026
Legal team appeals ruling slashing $255M contingency fee to $40M
The legal team whose contingency fee was reduced from $255 million to $40 million after it negotiated a $10-billion settlement for 21 First Nations is appealing the decision, arguing the court undervalued its role in the historic agreement.
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April 07, 2026
N.B. seeking more resident input on changes to landlord-tenant laws
New Brunswick’s government is seeking additional input from residents on changes to rental rules for tenants and landlords as part of its bid to modernize residential tenancies legislation.
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April 07, 2026
A modern approach to exhibit stamp placement on wills
When seeking probate in Ontario, applicants must provide evidence that the will was duly executed, typically in the form of an affidavit of execution, sworn by one of the subscribing witnesses to the will. The original will is attached to the affidavit as an exhibit and therefore must be marked with an exhibit stamp. While this step is routine, where an exhibit stamp is placed on a will has recently become a matter of choice rather than convention.
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April 07, 2026
McCarthy Tétrault adds IP litigator Denise Brunsdon
McCarthy Tétrault has added Denise Brunsdon as a partner in its national litigation and dispute resolution group in Calgary.
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April 02, 2026
Ontario decision clarifies when employee can keep ownership of work under Copyright Act
Ontario’s top court has ruled against a company that claimed software developed by an employee belonged to them, with the judges saying the work was not done in the normal course of employment. Nexus Solutions Inc., a London, Ont.-based company that develops and markets CEMView, a software product, claimed that competing software developed by a former employee belonged to them.
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April 02, 2026
B.C. proposes amendments for various Acts, changes to certain legal processes
On April 1, the B.C. government introduced the Miscellaneous Statutes Amendment Act, 2026 to the legislative assembly. If passed, the amendments will make changes to numerous provincial statutes, including those relating to judicial review, administrative penalty proceedings, statutory authority of correctional officers and more.
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April 02, 2026
N.B. giving millions to justice services, increasing various fees
New Brunswick is investing millions in its justice and safety services — including more than $1 million for the agency investigating incidents of death, injury or sexual assault involving a police officer. As part of an April 1 news release, the province also detailed a myriad of fee hikes, including an increase in filing a claim to small claims court, a per-page increase for criminal and family matter transcripts and a rise in costs involving probate court.