Civil Litigation
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March 31, 2026
Love at first bite? Court of Appeal says ‘no’ in personal injury case
The Ontario Court of Appeal’s decision in Hartin v. Hynes, 2026 ONCA 227 is a useful reminder that sympathy for an injured plaintiff does not permit the law of agency to be mauled beyond recognition.
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March 31, 2026
Property assignment dispute: Motion for certificate of pending litigation dismissed
When a party assigns its interest in an agreement to purchase a property, do they retain any interest in the underlying property? In many assignment agreements, the assignor relinquishes all right, title and interest in the original purchase agreement in favour of the assignee. The practical consequence of such broad language is that the assignor may be left without any proprietary claim to the property if the assignee subsequently fails to fulfil its obligations under the assignment agreement.
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March 31, 2026
OFFENCES AND ENFORCEMENT - Offences
Appeal by plaintiffs from an order certifying their class proceeding with two limitations, and cross‑appeal by three defendants. The plaintiffs invested in shares of ten publicly traded issuers and alleged that the issuers, their directors, and various consultants participated in a conspiracy to defraud capital markets.
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March 30, 2026
PM launches process to select Justice Martin’s replacement on SCC bench
On March 30, Prime Minister Mark Carney launched the process to “select the next judge of the Supreme Court of Canada, who will fill the vacancy created by the upcoming retirement of Justice Sheilah L. Martin.”
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March 30, 2026
CRA failed to comply with production order amid bias allegations: court
The Federal Court of Appeal has found that the Minister of National Revenue failed to comply with a prior search and production order in litigation over the revocation of the Jewish National Fund of Canada’s charitable status and has ordered further searches and disclosure.
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March 30, 2026
Court rejects competition commissioner’s appeal for disclosure in Amazon investigation
The Federal Court of Appeal has rejected the commissioner of competition’s appeal regarding an application to order Amazon to produce transaction data for certain products in its online store to further an inquiry on fake reviews.
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March 30, 2026
Quebec Court of Appeal, Superior Court get new judges
The federal government has appointed two judges to the Quebec Court of Appeal and Superior Court, the Department of Justice has announced.
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March 30, 2026
Ottawa appoints 5 judges to courts across Ontario
The federal government has appointed five judges in Ontario, the Department of Justice has announced.
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March 27, 2026
Allegations of judicial bias face high evidentiary bar
In yet another high-conflict case, Eccles v. Eccles, 2025 ABCA 418, the Alberta Court of Appeal considered an appeal of a case management judge’s order, where the appellant mother sought to have the case management judge recuse himself on account of an alleged reasonable apprehension of bias.
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March 27, 2026
Bar association warns against premiers’ push to vet judicial picks
The Canadian Bar Association (CBA) is calling on the federal government to resist “politicization” of judicial appointments amid calls for change from several provincial leaders. CBA president Bianca Kratt, in a letter to Prime Minister Mark Carney, said the process as it currently exists has “real strengths, above all its meaningful insulation from political considerations.”