Civil Litigation
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June 02, 2025
BMW awarded $190K in costs in dismissed engine defect class action
BMW has been awarded $190,000 in costs for a dismissed class action that sought damages in relation to alleged defects in the engines of certain BMW vehicles with model years from 2012 to 2015.
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June 02, 2025
ACTS OF BANKRUPTCY - Ceasing to meet liabilities - Fraudulent preferences, conveyances or transactions
Appeal by appellant against an order denying its application for an order enabling it to assert Higgerty Law’s lien rights and stop interest accrual for all creditors in the receivership.
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June 02, 2025
Guarantees and summary judgment: Court reviews important considerations
In Royal Bank of Canada v. HI & DQ’s Foods Inc., 2025 ONSC 2774, the Ontario Superior Court of Justice addressed several issues relating to personal guarantees in commercial lending. The decision confirms that summary judgment can be appropriate in a claim against a guarantor and clarifies the limited scope of fiduciary duties owed by financial institutions, the responsibilities of corporate directors acting as guarantors, and the narrow availability of the defence of non est factum.
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June 02, 2025
Clear as mud? Ontario courts provide context regarding waiver of OBCA dissent rights
In the context of shareholders’ agreements, contracting parties may waive their statutory dissent rights afforded under the Business Corporations Act (Ontario) (OBCA). In order for the waiver to be enforceable it must be made with clear and direct language.
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May 30, 2025
SCC rules Quebec licensing law does not apply to firms providing airport, maritime private security
In a judgment that turns on the application of the constitutional doctrine of interjurisdictional immunity, the Supreme Court of Canada has ruled 9-0 that Quebec’s Private Security Act (PSA) does not apply to two companies that engage in airport and marine port security in the province because the Quebec law impairs activities at the core of exclusive federal jurisdiction over aeronautics, navigation and shipping.
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May 30, 2025
Langlois expands litigation team with new partner Élie Tremblay
Langlois has announced the addition of Élie Tremblay as a partner in its litigation group.
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May 30, 2025
B.C. Court of Appeal rejects lower court insurance ruling, restoring coverage to mining company
In the wake of a 2018 landslide in northern British Columbia, the B.C. Court of Appeal has overturned a lower court ruling, concluding that the judge erred by interpreting an insurance certificate and a broker’s actions too narrowly, cutting a mining company out of coverage for a lawsuit arising from the landslide.
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May 30, 2025
Court allows appeal on equity interest in case where confidential code was copied
The British Columbia Court of Appeal has allowed an appeal and remitted certain issues back to trial in a case where $800,000 in damages was ordered against a company that copied confidential source code.
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May 30, 2025
CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues
Appeal by Michel (Appellant) from a court order dismissing the plaintiffs’ motion to certify an action against the respondent as a class proceeding.
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May 30, 2025
B.C. legal institute hopes to increase understanding of economic abuse in family law
The British Columbia Law Institute (BCLI) is looking to shed some light on an issue that it says has been seriously under-explored in legal literature and case law — economic abuse in family law, especially as it relates to family businesses.